[Ord. 663, 6/20/1985, § 801]
This Part outlines the procedures for enforcement and amendment of this Chapter, as well as procedures for challenges and appeals of decisions rendered under this Chapter.
[Ord. 663, 6/20/1985, § 802]
1. 
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 proposed ordinance by the Pennsylvania Municipalities Planning Code, Act 247, as amended.
2. 
In the case of an amendment other then that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission for recommendations at least 30 days prior to the date of the public hearing on such proposed amendment.
[Ord. 663, 6/20/1985, § 803; as amended by Ord. 829, 11/15/2001]
1. 
The Borough Council may grant a modification of the requirements of one or more provisions of this Chapter if the literal enforcement will exact 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.
2. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this Chapter involved and the minimum modification necessary.
3. 
The request for modification shall be referred to the Planning Commission for advisory comments.
4. 
The Borough Council shall keep a written record of all action on all requests for modifications.
[Ord. 663, 6/20/1985, § 804]
The decisions of the Borough Council with respect to the approval or disapproval of a plan or waiver request may be appealed directly to court as provided for in the Pennsylvania Municipalities Planning Code, Act 247, as amended.
[Ord. 663, 6/20/1985; as added by Ord. 829, 11/15/2001]
Changes in this Chapter shall affect plats as follows:
A. 
From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this Chapter, and while such application is pending approval or disapproval, no change or amendment of this Chapter, zoning or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly approved. The applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
B. 
When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in this Chapter, zoning or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
C. 
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of this Chapter or the governing ordinance or plans as they stood at the time when the application for such approval was duly filed.
D. 
Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by the Borough Council, no change of any ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.
E. 
In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the Borough Council in its discretion.
F. 
Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Borough Council in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five years period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.
G. 
Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in this Chapter, zoning, and other governing ordinance enacted by the Borough of Elizabethtown subsequent to the date of the initial preliminary plan submission.
[Ord. 663, 6/20/1985; as added by Ord. 829, 11/15/2001]
1. 
In addition to other remedies, the Borough of Elizabethtown 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.
2. 
The Borough of Elizabethtown 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 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 of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Borough of Elizabethtown 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.
[Ord. 663, 6/20/1985; § 805; as added by Ord. 829, 11/15/2001; and as amended by Ord. 897, 7/17/2008]
1. 
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 do any of the following commits a violation of this Chapter:
A. 
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;
B. 
Sell, transfer or agree to 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;
C. 
Erect any building or buildings which constitute a land development thereon;
D. 
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 § 304 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;
E. 
Fail to comply with any condition imposed upon approval of a preliminary plan or a final plan or any condition imposed upon the granting of any waiver;
F. 
Fail to comply with any agreement with the Borough relating to development in accordance with a preliminary plan or a final plan; or
G. 
Fail to comply with any note included on an approved preliminary plan or final plan.
2. 
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 construct or permit the construction of any improvement or develop or permit the development of any property in a manner which does not fully comply with the approved improvement construction plan or final plan, as applicable, commits a violation of this Chapter.
3. 
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 knowingly provide false information on any plan, report, certification or other document required to be submitted by this Chapter commits a violation of this Chapter.
4. 
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, in any other way takes action or permits another to take action not authorized by this Chapter or contrary to the provisions of this Chapter commits a violation of this Chapter.
5. 
As an additional condition for the issuance of a permit or the granting of an approval to any 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.
[Ord. 663, 6/20/1985, § 807]
Whenever there is a difference between the minimum applicable standard specified herein and those included in other applicable Borough ordinances and regulations, the most stringent standard or requirement shall apply.