This article establishes the procedures for the amendment, administration
and enforcement of this chapter.
Amendments to this chapter shall become effective only after
a public hearing held pursuant to public notice in the manner prescribed
in the MPC.
A.
Intent. The provisions of this chapter are intended as a minimum
standard for the protection of the public health, safety and welfare.
If the literal compliance with any mandatory provision of these regulations
is shown by the applicant, to the satisfaction of the Borough, to
be unreasonable or to cause undue hardship as it applies to a particular
property, or if the applicant shows that an alternative proposal will
allow for equal or better results, the Council may grant a waiver
from such mandatory provision so that substantial justice may be done
and the public interest secured while permitting the reasonable utilization
of the property. However, the granting of a waiver/modification shall
not have the effect of making null and void the intent and purpose
of this chapter.
B.
Conditions. In granting waivers/modifications the Borough Council
may impose such conditions as will, in its judgement, secure substantially
the objectives of the standards and requirements of this chapter.
C.
Procedure. All requests for waivers/modifications shall be in writing,
shall accompany and be a part of the development application, and
shall include:
D.
Action. If the Council denies the request, the applicant shall be
notified, in writing, of the reasons for denial. If the Council grants
the request, the final record plan shall include a note which identifies
the waiver/modification as granted. In any case, the Council shall
keep a written record of all actions on all requests for waivers/modifications.
A.
Preventive remedies.
(1)
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.
(2)
Refusal of permits.
(a)
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.
(b)
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.
(3)
In the event that any applicant or owner of any property fails to
obtain the proper sewage permit for any required on-site sewage disposal
system, or takes such action or causes any action which results in
the revocation of any sewage permit by the Borough Sewage Enforcement
Officer, the Borough shall have the authority to withhold the issuance
of any certificate of use for any structure on the said property and/or
to take any appropriate actions by law or in equity to prohibit the
occupancy of any such structure.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of this subdivision and land development ordinance
or prior enabling laws shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the Borough, pay a judgment
of not more than $500 plus all court costs, including reasonable attorneys',
witness and consultant fees incurred by the Borough 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 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
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 Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
(2)
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.
(3)
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, including
but not limited to injunctive relief.
C.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction in proceedings brought under § 300-78B.
D.
Transfer. 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.
E.
Construction. In the case of subdivisions, no person shall proceed with any development, site grading or construction of improvements prior to the approval of a preliminary plan in accord with this chapter. In the case of land developments, no person shall proceed with any development, site grading or construction of improvements prior to the authorization to proceed issued in accord with § 300-16H of this chapter. No deeds shall be executed or recorded for the transfer of any lots or units before the Borough has approved the final plan and such plan is filed with the Lackawanna County Recorder of Deeds.
A.
Establishment of fees. Fees to be paid by the applicant shall be
established by resolution of the Borough Council to cover all costs
incurred by the Borough associated with the processing and review
of all plans and documents and all plan and document revisions. Such
cost may include, but not be limited to, administrative, engineering
and other related consulting service costs.
B.
Application fees. At the time of the filing of any application, the
applicant shall pay to the Borough a fee sufficient to cover the administrative
costs associated with the review of the application.
C.
Review fees. At the time of the filing of any application, the applicant
shall pay to the Borough a fee deemed sufficient to cover the cost
of:
(1)
Reviewing engineering details.
(2)
Inspecting the site for conformance.
(3)
Evaluating cost estimates of required improvements.
(4)
Inspection of required improvements during installation.
(5)
Final inspection or reinspection on completion of installation of
required improvements.
(6)
Fees charged for other related consulting services.
(7)
Any other review costs incurred by the Borough.
D.
Supplemental fees and adjustment. If the review fees collected at
the time of application are not sufficient to cover the cost of engineering
services and other related consulting services incurred by the Borough,
an additional fee shall be collected from the applicant prior to any
action on the plan. If after Borough action on the plan any review
fees remain, there shall be a refund made to the applicant of the
balance within 30 days of action on the plan.
E.
Disputes. Disputes between the applicant and the Borough regarding
fees shall be settled pursuant to §§ 503(1) and 511(g)
of the Pennsylvania Municipalities Planning Code, as amended.
F.
Failure to pay fees. Any failure by the applicant to pay any required
fees shall be deemed a violation of this chapter and shall make null
and void any approval granted by the Borough.
The Borough shall keep an accurate public record of its findings,
decisions and recommendations relevant to all applications filed for
review or approval.
