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Borough of Bath, PA
Northampton County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
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.
B. 
In addition to the penalties set forth above, the Borough hereby reserves unto itself any and all other remedies available at law or in equity, including, without limitation, the rights conferred pursuant to Section 515.1 of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10515.1.
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.