Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents

§ 22-801 Modifications.

[Ord. 1994-4, 4/4/1994, § 801]
1. 
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. 
Council shall keep a written record of all action on all requests for modifications.

§ 22-802 Reconsideration.

[Ord. 1994-4, 4/4/1994, § 802]
Any subdivider aggrieved by a finding, decision or recommendation of Council, may request and receive opportunity to appear, present additional relevant information and request consideration of the original finding, decision or recommendation.

§ 22-803 Records.

[Ord. 1994-4, 4/4/1994, § 803]
1. 
The Borough of Forty Fort shall keep a record of its findings, decisions, and recommendations relative to all subdivision plans filed with it for review.
2. 
All such records shall be public records.

§ 22-804 Subdivision Administration.

[Ord. 1994-4, 4/4/1994, § 804]
The day to day administration of this chapter is hereby delegated to the Zoning Officer.

§ 22-805 Preventative Remedies.

[Ord. 1994-4, 4/4/1994, § 805]
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 of 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 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 records 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 grating 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.