It shall be the duty of the Borough Council or the duly authorized
representative of the Borough Council to enforce the provisions of
this chapter. The Enforcement Officer shall require that the application
for a building permit contain all information necessary to enable
him to ascertain whether the proposed building, alteration, or use
is located in an approved land development. No building permit shall
be issued until the Enforcement Officer has certified that the site
for the proposed building, alteration, or use complies with all the
provisions of this chapter and conforms to the site description as
indicated on the approved and recorded final plan.
A.
Where a provision of this chapter would cause unique and undue hardship
as it applies to a particular property, or if a developer shows that
an alternative proposal will allow for equal or better results, the
Borough Council may grant a modification from the strict application
of the terms of this chapter if the variation will not be detrimental
to the general welfare, nullify the objectives of these regulations
or conflict with the Comprehensive Plan. In granting the modification
the Borough Council may impose conditions which will substantially
secure compliance with the purposes of this chapter. Requests for
modifications shall be made in writing and shall be submitted to the
Secretary with copies of the plan.
B.
The Borough Planning Commission shall have the right to recommend
to the Borough Council modifications to the regulations in individual
cases as may be necessary in the public interest, provided, however,
that such modifications and the specific reasons for such change shall
be entered in the minutes of the Planning Commission, and a copy of
this entry shall be transmitted to the Borough Council. The Borough
Council may then alter the land development plans and specify changes
or modifications therein, which it deems necessary and make its approval
subject to such alterations, changes or modifications. If approved
by the Borough Council, said modifications shall be clearly defined
and entered on the final plan and signed by the Borough Council.
A.
The Borough Council may on its own motion, or upon recommendation
of the Planning Commission amend, supplement or repeal any portion
of this chapter. Amendments to this chapter shall become effective
only after a public hearing is held pursuant to public notice in the
manner prescribed for enactment of a proposed amendment in Section
506 of the Pennsylvania Municipalities Planning Code, Act 247, as
reenacted and amended. In addition, in case of an amendment other
than that prepared by the Borough Planning Commission, the Borough
Council shall submit each such amendment to the Planning Commission
for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment. At least 30 days prior
to the hearing on the amendment, the Borough shall submit the proposed
amendment to the York County Planning Commission for recommendations.
B.
Within 30 days after adoption, the Borough Council shall forward
a certified copy of the amendment to the York County Planning Commission.
A.
The Borough Council shall by resolution create a schedule of filing
fees to be paid by the applicant at the time of plan submission to
defray the cost of administering and processing plans. Filing fees
shall be required for the following:
B.
In addition to such filing fees, the developer shall pay the cost
of:
(1)
Reviewing the land development plan and engineering details.
(2)
Inspecting the site for conformance to survey.
(3)
Preparing cost estimates of required improvements during installation.
(4)
Inspection of required improvements during installation.
(5)
Final inspection for completion of installation of required improvements.
(6)
Legal services necessary for the processing of the land development
plan.
(7)
Any tapping fees and/or connection charge for connection to a municipal
water system.
(8)
Any tapping fees and/or any required charge for reservation of sewage
capacity in a municipal sewage system.
C.
These costs will be billed to the developer by the Borough upon completion
of each review phase. No building permits shall be issued nor shall
subdivision or land development plans be approved for any parcel of
land for which fees as outlined are outstanding.
A.
Any person, partnership, or corporation who or which being the owner
or agent of any lot, parcel or parcel of land shall lay out, construct,
open or dedicate any street, sanitary sewer, storm sewer, water main
or other improvements for public use, travel or other purposes or
for the common use of occupants of buildings abutting thereon, or
who sells, transfers or agrees or enters into an agreement to sell
any land in a subdivision or land development whether by reference
to or by other use of a plat of such subdivision or land development
or erect any building thereon, unless and until a final plat has been
prepared in full compliance with the provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgement of not more than $500 plus
all court costs. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge determines
otherwise in accordance with § 515 of the Pennsylvania Municipalities
Planning Code, Act 247, as reenacted and amended.[1] All fines collected for such violations shall be paid
over to Spring Grove Borough.
[1]
Editor's Note: See 53 P.S. § 10515.
B.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided.
C.
The Borough Council may initiate and maintain civil action to obtain
a writ of injunction against the owner or agency who is in violation
of any provision of this chapter, or who attempts the improper sale
or conveyances of land; and in proper cases to set aside and invalidate
any conveyances or agreements to convey land made prior to final plan
approval of any subdivision or land development.
D.
Nothing herein shall prevent the Borough Council from taking such
other action necessary to prevent or remedy any violation.
The procedures for securing review of any ordinance, decision,
or determination is set forth in Article X-A of the Pennsylvania Municipalities
Planning Code, Act 247, as reenacted and amended.
The grant or permit or approval of a subdivision and/or land
development plan shall not constitute a representation, guarantee,
or warranty of any kind by the Borough or by any officials or employee
thereof as to the practicability or safety of the proposed use; and,
shall create no liability upon the Borough, its officials or employees.
All ordinances or parts of ordinances in conflict with this
chapter or inconsistent with the provisions of this chapter are hereby
repealed to the extent necessary to give this chapter full force and
effect.
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance or regulation shall prevail.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by a recognized court of
the commonwealth, such decision shall not affect the legality of the
remaining sections, clauses, provisions or portions of this chapter.
A building permit or other permit or authorization issued or
approved in violation of the provisions of this chapter is void without
the necessity of any proceedings for revocation. Any work undertaken
or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Borough purporting to validate such a violation.
