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.