A.
The Borough Council is authorized to enforce the provisions of this
chapter. The Borough Council may designate another party, including
but not limited to the Borough Secretary or Manager, Borough Zoning
Officer or Assistant Zoning Officer(s), the Borough Engineer, or the
Borough Solicitor, to enforce the provisions of this chapter and the
accompanying design standards and improvement specifications.
B.
The Borough Council may institute and maintain appropriate legal
proceedings in law or in equity to restrain, correct or abate violations,
including, but not limited to:
C.
Inspection of actual construction under any approved subdivision
or land development plan shall be the sole responsibility of the Borough,
which may undertake any reasonable measures to provide an adequate
inspection of all projects.
D.
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 has resulted from a subdivision of real property
in violation of this chapter. The authority to deny such a permit
shall apply to any of the following:
(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 with regard as to whether such vendee or lessee has 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 has 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. As an additional condition for the issuance of a
permit or the granting 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.
A.
Borough Council shall establish by resolution a schedule of fees
to be paid by the applicant.
B.
The schedule of fees shall be obtained from the Borough Secretary
or Manager.
C.
No application of a preliminary plan or final plan shall be accepted
until all required fees have been paid in full. No final plan will
be approved or signed until all fees have been paid in full.
D.
The subdivider shall pay directly to the Borough a fee for field
inspection by the Borough Engineer as defined herein. Such field inspections
shall be made by the Borough Engineer as are necessary to ensure compliance
with the provisions of the ordinance.
If during the course of construction or completion of a subdivision
or land development minor changes, erasures, modifications or revisions
of a final plan become necessary, such changes may be approved only
after written acceptance by the Borough Engineer and written approval
by Borough Council are received. Substantial revisions to any such
final plan shall cause the re-recording of the final plan after such
approvals are obtained.
Any amendment to this chapter shall be in accordance with Section
505 of the Pennsylvania Municipalities Planning Code. Resolutions
adopted by Borough Council pursuant to the terms and conditions of
this chapter regarding fees, paving and construction standards and
timely changes in other design criteria as specifically permitted
by resolution of the Borough Council shall not require an amendment
to this chapter.
A.
Power of amendment. The Borough Council may from time to time amend,
supplement, or repeal this chapter. When doing so, the Council shall
proceed in the manner prescribed in this article and in accordance
with law.
B.
Sources of amendment. Proposals for amendment, supplement, or repeal
may be initiated by the Borough Council on its own motion or by the
Planning Commission, as follows:
(1)
Proposals originated by the Borough Council. The Borough Council
shall refer every proposed amendment, supplement, or repeal originated
by said Borough Council to the Borough Planning Commission and the
Chester County Planning Commission. Within 30 days of the submission
of said proposal, the Borough Planning Commission shall submit to
the Borough Council a report containing its recommendations, including
any additions or modifications to the original proposal.
(2)
Proposals originated by the Planning Commission. The Borough
Planning Commission may, at any time, transmit to the Borough Council
any proposal for the amendment, supplement, or repeal of this chapter.
C.
Hearings. Before voting on the enactment of any amendment, the Borough
Council shall hold a public hearing thereon with notice as required
by law. No amendment shall become effective until after such hearing
at which parties in interest and citizens shall have an opportunity
to be heard. If after any public hearing held upon an amendment the
proposed amendment is revised, or further revised, the Council may
hold another public hearing, pursuant to public notice, before proceeding
to vote on the amendment.
The Borough Planning Commission and Borough Council shall keep
a record of their findings, decisions, and recommendations relative
to all subdivision and land development plans filed for review. Such
records shall be made available to the public for review.
A.
Whenever there is a difference between the minimum standards specified
herein and those included in other official Borough regulations, the
more stringent requirements shall apply and are not hereby repealed.
B.
All existing ordinances or parts of ordinances which are contrary
to the provisions of this chapter are hereby repealed to the extent
necessary to give this chapter full force and effect.
A.
If any mandatory provisions of this chapter are shown by the applicant,
to the satisfaction of the Borough Council, to be unreasonable and
cause undue hardship as they apply to his proposed subdivision, the
Borough Council may grant a modification to such applicant from such
mandatory provisions, so that substantial justice may be done and
the public interest secured, provided that such modification will
not have the effect of nullifying the intent and purpose of this chapter.
B.
In granting modifications, the Borough Council may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so modified.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, 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
attorneys' fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgement, the
Borough may enforce the judgement pursuant to the application rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge 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
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
B.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgement.
C.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Borough the right to
commence any action for enforcement pursuant to this section.
