[Ord. 614, 12/29/1992, § 801]
1.
The Borough Council may, from time to time on its own motion revise,
modify or amend this chapter in order to increase its effectiveness
or to expedite the approval of land subdivision and/or land development
plans.
2.
Any revisions, modifications or amendments to this chapter shall
be made in accordance with the procedures established by law after
a public hearing on the proposed revision, modifications or amendments
held pursuant to public notice in accordance with the provisions of
Act 247, as amended. In addition, in the case of amendment other than
that prepared by the Borough Planning Commission, the Borough Council
shall submit each amendment to the Borough Planning Commission and
the County Planning Commission for recommendations at least 30 days
prior to the date fixed for the public hearing on such proposed amendment.
[Ord. 614, 12/29/1992, § 802]
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 modifications will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed. Hardship shall not be construed to include
circumstances in which the alternative is merely less costly than
that provided for within this chapter.
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. The request
for modification shall be referred to the Planning Commission for
advisory comments. The Borough Council shall keep a written record
of all action on all requests for modifications.
3.
In granting modifications the Borough Council may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so modified.
[Ord. 614, 12/29/1992, § 803]
All appeals and challenges shall conform to the requirements
and procedures as outlined in the Pennsylvania Municipalities Planning
Code, as amended.
[Ord. 614, 12/29/1992, § 804]
1.
The Borough Council shall establish, by resolution, a collection
procedure and schedule of fees to be paid by the subdivider or developer
for review of plans.
2.
The schedule of fees shall be available in the Borough office upon
request.
3.
The applicant shall reimburse the Borough for expenses incurred for
the inspection of improvements.
[Ord. 614, 12/29/1992, § 805]
1.
Preventive Remedies. 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. 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 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.
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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.
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2.
Enforcement Remedies.
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, pay a
judgment of nor 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 district justice. 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 district justice 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 district justice 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 the right
to commence any action for enforcement pursuant to this Section.
[Ord. 614, 12/29/1992, § 806]
The Borough Planning Commission and the Borough Council shall
keep a record of their findings, decisions and recommendations relative
to all subdivision or land development plans filed for review. Such
records shall be made available to the public for review.
[Ord. 614, 12/29/1992, § 807]
The subdivider shall be responsible for observing the procedures
established in this chapter and for submitting all plans and documents
as may be required.
[Ord. 614, 12/29/1992, § 808]
1.
Whenever there is a difference between the minimum standards specified
herein and those included in other Borough ordinances or regulations,
the more stringent requirements shall apply.
2.
All existing ordinances or regulations or parts thereof which are
contrary to the provisions of this chapter are hereby repealed to
the extent necessary to give this chapter full force and effect.
