[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.
[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.
[Ord. 1994-4, 4/4/1994, § 803]
[Ord. 1994-4, 4/4/1994, § 804]
The day to day administration of this chapter is hereby delegated
to the Zoning Officer.
[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.
