A.
The Borough Council will establish by resolution the required subdivision
and land development plan application review fees to cover costs incurred
by the Borough for reviewing and processing applications submitted
and determining compliance under this chapter. A copy of the most
recent fee resolution will be available in the Borough Office.
B.
Review fees will cover but not be limited to the expenses and costs
of the following:
(1)
Borough employees involved in the review and processing of applications.
(2)
Charges by the Borough's professional consultants, including
but not limited to expert witnesses, attorneys, engineers, planners,
or other required specialists for undertaking reviews, reports, field
trips, and recommendations, including attendance at necessary meetings
and public hearings for the preparation of any legal or other documents
required by the proposed plan and also for the inspection of improvements
installed by the applicant.
(3)
Fees charged to the Borough to cover the cost of any review, report,
or recommendation for applications submitted to other appropriate
agencies.
(4)
The cost of required advertising and/or public notices.
C.
An initial application fee is due at the time of plan submission
and a plan will not be accepted without the applicable fee.
D.
Additional review fees may be required to cover the costs of additional
services in excess of the initial fees collected.
E.
All fees will be payable to the "Borough of Lewisburg."
F.
Applicable review fees will be submitted at the time of plan application,
and engineering and/or consultant review or inspection fees will be
submitted immediately upon receiving an invoice for such fees.
G.
An applicant may dispute the amount of review and inspection fees
in accordance with the procedures for fee dispute resolution contained
in Sections 503 (1) and 510 (g) of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, P.L. 805, (53 P.S. § 10101,
et seq.) as from time to time reenacted and amended.
A.
Borough Council will not accept new applications for subdivision
or land development proposals from applicants with past due or unpaid
fees until all such payments in arrears are made in full including
any accrued interest.
B.
Borough Council will not approve applications for subdivision or
land development submitted by applicants with past due or unpaid fees
until all such payments in arrears are made in full including any
accrued interest.
A.
An applicant may request the grant of a waiver by Borough Council
to any provision(s) of this chapter.
B.
The Planning Commission will review all waiver requests and will
make recommendations to the Borough Council on such requests. Unless
otherwise specified herein, the Borough Council will have the sole
authority to grant or deny a waiver request.
C.
The Borough Council may grant a waiver 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 waiver will not be contrary
to the public interest and that the purpose and intent of the ordinance
is observed.
D.
In granting waivers. Borough Council may impose such conditions as
will, in its judgment, encourage innovative design and/or secure substantially
the objectives of the standards and requirements of this chapter.
E.
All requests for waivers will be in writing and will accompany and
be part of the application for development. The request will state
in full the grounds and facts of unreasonableness or hardship on which
the request is based, the provision or provisions of the ordinance
involved and the minimum waiver necessary.
F.
The applicant will note all waivers granted on the final plan.
G.
Borough staff will not have the authority to grant waivers to this
chapter.
Appeals from a decision or the absence of a decision under this
chapter will be based on the provisions of the relevant provisions
of the Municipalities Planning Code and other relevant statutes and
rules.
Borough Council will keep for the public record a written record
of all activity related to plans upon which action is taken, including
all requests for and action taken on waivers.
Upon presentation of proper credentials, duly authorized representatives
of the Borough and/or Borough Council may enter at reasonable times
upon any property under jurisdiction of this chapter to inspect the
condition of the properties, facilities, and improvements in regard
to any aspect regulated by this chapter.
A.
Discovery of violation. Upon discovery of an alleged violation of
this chapter, the Borough will refuse to issue any permit or grant
any approval necessary to further improve or develop the property.
B.
Written notice. The Borough will notify an applicant, developer,
and/or property owner of violations of this chapter in writing, by
certified mail "return receipt requested" or by handcarried delivery,
immediately upon being made aware of such violations. Notices of violation
issued by the Borough will state the facts pertaining to the violation,
cite those provisions of the ordinance in violation, specify a time
within which the violation will be corrected in order to prevent further
enforcement action, and indicate the applicant's right to an
appeal.
C.
Cease and desist. Any person, partnership, or corporation notified
of a violation of this chapter will immediately cease and desist all
activity related to the violation until the matter is resolved to
Borough Council's satisfaction.
A.
Where an application is proposed for a tract of land, portions of
which have previously been subdivided or developed in violation of
this chapter, such application will include a description and plan
detailing all previous lots sold or transferred without proper approval.
B.
Borough Council reserves the right to require that all lands subdivided
or developed without proper approval of Borough Council meet the minimum
standards of this chapter.
A.
Authority to initiate court action. In addition to other remedies
the Borough may institute and maintain appropriate actions in law
or equity to restrain, correct, or abate violations, to prevent unlawful
construction; to recover damages and to prevent illegal occupancy
of a building, structure, or premise. The description by metes and
bounds in the instrument of transfer, or other documents used in the
process of selling or transferring, will not exempt the seller or
transferor from such penalties or from the remedies herein provided.
B.
As provided by Section 515 1(b) of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, P.L. 805, (53 P.S. § 10515.1
(b). et seq.) as from time to time reenacted and amended Borough Council
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 permit or approval will
apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
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.
(3)
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.
(4)
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.
C.
As an additional condition for issuance of a permit or the granting
of approval to any owner, current owner, vendee, or lessee for the
development of any such real property, Borough Council may require
compliance with the conditions that would have applied to the property
at the time the applicant acquired an interest in the real property.
Borough Council will have the power and authority to seek legal
redress by filing an action for injunction in a court of competent
jurisdiction to enjoin the transfer, sale, or agreement to transfer
or sell any unapproved subdivision and/or to enjoin any type of construction
or improvement by an applicant or landowner when a violation of this
chapter has been determined, and to enjoin the Recorder of Deeds from
the recordation of any unapproved subdivision or land development
plan or deed of sale made in violation of this chapter.
A.
Any person, partnership, or corporation who or which has violated
any provision of this chapter, will, 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.
B.
No judgment will commence or be imposed levied, or payable until
the date of determination by a District Judge.
C.
If the defendant neither pays nor appeals the decision in a timely
manner, the Borough may enforce the judgment pursuant to the applicable
rules of civil procedure.
D.
Each day that a violation continues will constitute a separate violation,
unless the District Judge or the Court of Common Pleas of Union County,
determining that there has been a violation, further determines that
there was a good faith basis for the person, partnership or corporation
violating the ordinance to have believed that there was no such violation.
In that event, there will be deemed to have been only one such violation
until the fifth day following the date of determination of a violation
by the District Judge or the said Court, and thereafter each day that
a violation continues will constitute a separate violation.
E.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter will be paid to "Borough of Lewisburg."
F.
The Union County Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem judgment
pending final adjudication of the violation and judgment.
G.
Nothing contained in this section will be construed or interpreted
to grant to any person or entity, other than the Borough of Lewisburg,
the right to commence any action for enforcement pursuant to this
section.
