Amendments to the Subdivision and Land Development Ordinance
shall become effective only after a public hearing held pursuant to
public notice in the manner prescribed for enactment of a subdivision
and land development ordinance by the Pennsylvania Municipalities
Planning Code.[1] In addition, in case of an amendment other than that prepared
by the BPC, the Borough Council shall submit each such amendment to
the BPC for recommendations at least 30 days prior to the date fixed
for the public hearing on such proposed amendment.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The decisions of the Borough Council with respect to the approval
or disapproval of subdivision or land development plans may be appealed
directly to court in the same manner and within the same time limitations
as is provided for zoning appeals in Article X of the Pennsylvania
Municipalities Planning Code.
A.
Any person, partnership or corporation who or which, as the owner
or agent of the owner of any lot, tract 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 plan of such subdivision or land
development or otherwise, or erect any building thereon, unless and
until a final plan has been prepared in full compliance with the provisions
of this chapter and of the regulations adopted hereunder and has been
recorded as provided herein, or shall attempt to sell, convey or occupy
any lot, tract or parcel without first assuring that access is provided
by a permanently passable street, in a mud-free condition, shall be
obligated to pay a civil penalty not exceeding $1,000 per lot or parcel
or per dwelling within each lot or parcel. For purposes of this subsection,
each day the violation occurs shall be deemed a separate violation.
All penalties collected for such violations shall be paid over to
the Borough Council. The description by metes and bounds in any transfer
instrument shall not exempt the seller or transferor from such penalties
or from the remedies herein provided.
C.
In addition,
court costs and reasonable attorney fees incurred by the Borough in
enforcement proceedings shall be assessed against violator and awarded
to the Borough.
[Added 11-5-2018 by Ord.
No. 2018-678]
Whenever there is a conflict between minimum standards or requirements
set forth in this chapter and those contained in other Borough ordinances
and regulations or other applicable laws and regulations, the most
stringent standard or regulation shall apply.
A.
The Borough Council shall establish, by motion or resolution, a collection
procedure and schedule of fees and escrows to be paid by the developer
at the time of filing of the Feasibility, preliminary and final plans.
B.
Charges for field inspections, plan reviews, the development of subdivision
agreements and appropriate security amounts, and for assuring compliance
by developer of Borough requirements, shall be established by the
Borough Council.
C.
No final plan shall be recorded and no building permits shall be
issued unless all fees, escrows and charges are paid in full.
The BPC may recommend and the Borough Council may grant modifications
from the requirements of one or more provisions of this chapter if
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 purposes and intents of the provisions of this chapter are observed.
All requests for a modification shall be in writing, are subject to
the modifications procedure set forth in Section 512.1 of the MPC[1] 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. BPC and Borough Council shall keep a written record of
all action on all requests for modification.
[1]
Editor's Note: See 53 P.S. § 10512.1.
If any portion or provision of this chapter is held to be unconstitutional
or invalid by a court of competent jurisdiction, that holding shall
only affect that portion or provisions of the chapter. All other portions
and provisions shall be held as valid and enforceable.