[Ord. 88-9, 11/17/1988, § 1001]
1. The Borough Council shall have the duty and authority for the administration
and general enforcement of the provisions of this chapter, as specified
or implied herein.
Officials of Hummelstown Borough having regulatory duties and
authorities connected with or appurtenant to the subdivision, use
or development of land shall have the duty and authority for the controlling
enforcement of the provisions of this chapter, as specified or implied
herein or in other ordinances of the Borough.
2. Permits required by the Hummelstown Borough for the erection or alteration
of buildings, the installation of sewers or sewage disposal systems,
or for other appurtenant improvements to or use of the land, shall
not be issued by any municipal official responsible for such issuance
until it has been ascertained that the site for such building, alteration,
improvement or use is contained in a subdivision or land development
plat approved and publicly recorded in accordance with the provisions
of this chapter.
Such permits shall be issued only after it has been determined
that the site for such building, alteration, improvement or use conforms
to the site description as indicated by the approved and recorded
final plat or other land description acceptable in that it is in compliance
with all applicable provisions of this chapter.
3. The Borough Zoning Officer shall require that the sewage module and/or
applications for sewage disposal system permits contain all the information
necessary to ascertain that the site for the proposed system is acceptable
in accordance with the provisions of this chapter, the "Rules and
Regulations of the Department of Environmental Resources," and the
provisions of other applicable ordinances of the Borough.
4. The approval of a subdivision or land development plat or of any
improvement installed, or the granting of a permit for the erection
or use of a building or land therein, shall not constitute a representation,
guarantee, or warranty of any kind or nature by the municipality or
any official, employee, or appointee thereof, of the safety of any
land, improvement, property or use from any cause whatsoever, and
shall create no liability upon, or a cause of action against the municipality
or such official, employee or appointee for any damage that may result
pursuant thereto.
[Ord. 88-9, 11/17/1988, § 1002]
Amendments to this chapter shall become effective only after
a public hearing held pursuant to public notice as defined, and in
accordance with the "Pennsylvania Municipalities Planning Code," Act
247, Article V, as amended.
[Ord. 88-9, 11/17/1988; added by Ord. 93-3, 2/18/1993]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat the Borough Council is hereby granted the power
to enforce any corporate bond, or other security by appropriate legal
and equitable remedies. If the proceeds of such bond, or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
Borough Council may, at its option, install part of such improvements
in all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the improvements covered by such security,
and not for any other Borough purpose.
[Ord. 88-9, 11/17/1988, § 1003; as amended by Ord.
93-3, 2/18/1993]
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. 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.
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 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. 88-9, 11/17/1988, § 1003; as amended by Ord.
93-3, 2/18/1993]
1. 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 not 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 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 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 district justice
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.
4. District justices shall have initial jurisdiction in proceedings
brought under this section.
[Ord. 88-9, 2/16/1988, § 1004]
If any section, clause, provision, or portion of these regulations
shall be held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of these regulations. It is hereby declared to
be the intent of Hummelstown Borough that this chapter would have
been adopted if such invalid or unconstitutional section, clause,
provision or portion had not been included herein.
[Ord. 88-9, 11/17/1988, § 1005]
1. Any Ordinance or part thereof inconsistent herewith is hereby repealed
to the extent of such inconsistency.
2. Nothing in this chapter hereby adopted shall be construed to affect
any suit or legal proceeding now pending in any court, or any rights
accrued or liability incurred, or any cause of action accrued or shall
any right or remedy of any character be lost, impaired or affected.