A.
The purpose of this chapter is to regulate and control
the divisions and development of land within Perkasie Borough, in
order to promote the public health, safety, morals and general welfare
of the community.
B.
It is the general intent of this chapter to regulate
the division and development of land so as to:
(1)
Lessen congestion in the streets and highways.
(2)
Further the orderly and appropriate use of land.
(3)
Secure safety from fire, panic and other dangers.
(4)
Facilitate adequate provision for transportation,
water, sewerage, schools, parks, playgrounds and other public facilities.
(5)
Assure sites suitable for building purposes and human
habitation and to provide for the harmonious development of Perkasie
Borough.
(6)
Coordinate existing streets with proposed streets,
parks or other features of the Borough.
(7)
Ensure adequate open space for traffic, recreation,
light and air.
(8)
Provide proper distribution of the population.
(9)
Give effect to the policies and proposals of the Comprehensive
Plan for Perkasie Borough.
This chapter may be cited as the "Perkasie Borough
Subdivision and Land Development Regulations."
The provisions of this chapter shall be held
to be minimum requirements to meet the above stated purposes. Where
the provisions of this chapter impose greater restrictions than those
of any statute, other ordinance or regulation, the provisions of this
chapter shall prevail. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulation
shall prevail.
A.
For the purpose of this chapter, words and terms used
herein shall be interpreted as follows: words used in the present
tense include the future; and the singular includes the plural.
B.
Any word or term not defined herein shall be used
with a meaning of standard usage.
C.
ALLUVIAL SOILS
APPLICANT
APPLICATION FOR DEVELOPMENT
AUTHORITY
BEGINNING OF REVIEW PERIOD
(1)
(2)
BOARD
BOROUGH ARBORIST
BUILDING
BUILDING SETBACK LINE
CARTWAY
COMMISSION or PLANNING COMMISSION
CONDOMINIUM
(1)
(a)
(b)
(c)
(2)
COUNCIL or BOROUGH COUNCIL
CUL-DE-SAC
DECISION
DENSITY
DETERMINATION
DEVELOPER
DEVELOPMENT PLAN
DRAINAGE FACILITY
DWELLING UNIT
EASEMENT
FEEDER ROOTS
FLOODPLAINS
FLOODPLAIN SOILS
FOREST
IMPERVIOUS SURFACE
IMPERVIOUS SURFACE RATIO
IMPROVED PUBLIC STREET
IMPROVEMENTS
LAKES and PONDS
LAND DEVELOPMENT
(1)
(a)
(b)
(2)
(3)
(a)
(b)
LANDOWNER
LOT
LOT AREA
LOT, CORNER
LOT LINE
MANAGER
MINOR SUBDIVISION
MULTIPLE-DWELLING BUILDING
MUNICIPAL ENGINEER
NATURAL RETENTION AREAS
OPEN SPACE
(1)
(2)
OPEN SPACE RATIO
PERSON
PONDS
PRUNING
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
REPORT
RIGHT-OF-WAY
RIGHT-OF-WAY, FUTURE
SITE
SITE AREA, BASE
SITE AREA, NET BUILDABLE
STEEP SLOPES
STREET
(1)
(2)
(a)
[1]
[2]
[3]
(b)
[1]
[2]
[3]
[4]
[5]
STREET LINE
STRUCTURE
SUBDIVISION
SUBDIVISION, PERFORMANCE STANDARD
TOPSOIL
TREE DRIPLINE
TREE PROTECTION ZONE (TPZ)
USE
WETLANDS
WOODLANDS
YARD
YARD, FRONT
As used in this chapter, unless a contrary intention
is clear, the following terms shall have the meanings indicated:
Areas which are subject to periodic flooding as defined in
Interim Soil Survey Report, Volumes I and II, Soil Conservation Service,
1970.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
[Amended 5-21-1990 by Ord. No. 644]
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to an application for a building permit,
for the approval of a subdivision plat or plan or for approval of
a development plan.
[Added 5-21-1990 by Ord. No. 644]
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164) known as the "Municipality Authorities
Act of 1945."[1]
[Added 5-21-1990 by Ord. No. 644]
The review period shall begin on the date of
the first regular meeting of the Perkasie Borough Planning Commission
following receipt by the Borough Manager of an applicant's complete
submission.
The review period shall begin on the 30th day
following receipt by the Borough Manager of an applicant's complete
submission, in the event that no regular meeting of the Perkasie Borough
Planning Commission occurs during the 30 days following receipt by
the Borough Manager of the applicant's complete submission.
Any body granted jurisdiction under a land use ordinance
or under the Pennsylvania Municipalities Planning Code[2] to render final adjudications.
[Added 5-21-1990 by Ord. No. 644]
A person, selected by the Borough Manager with the approval
of Borough Council, whose responsibilities include ensuring that the
tree protection standards are followed correctly. The "Borough Arborist"
must have a degree in arboriculture, horticulture, forestry, landscape
architecture, silviculture or plant physiology and have a knowledge
of and experience in the methods of tree protection.
[Added 8-7-1989 by Ord. No. 621]
A structure having a roof which is used or intended to be
used for the shelter or enclosure of persons, animals or property.
The word "building" shall include any part thereof.
The rear line of the minimum required front yards. The "building
setback line" shall be measured from the future right-of-way line.
The hard or paved surface portion of any street or that portion
of a street customarily used by vehicles in the regular course of
travel over the street.
The Perkasie Borough Planning Commission.
A dwelling unit which has all of the following
characteristics:
The unit, the interior and associated exterior
areas designated for private use in the development plan, as owned
by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and in accordance with the provisions for open space, roads or other development features in Chapter 186, Zoning, and this chapter.
[Amended 9-18-2000 by Ord. No. 835]
A "condominium" is an ownership arrangement
and not a land use, therefore it is allowed in any district and under
the same restrictions of the residential land use that comprises it.
The Perkasie Borough Council.
A secondary street with one end open for vehicular and pedestrian
access and the other end terminating in a vehicular turnaround.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the Pennsylvania Municipalities Planning
Code[3] to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations. All decisions shall be
appealable to the Court of Common Pleas of the county and judicial
district wherein the Borough lies.
[Added 5-21-1990 by Ord. No. 644]
A measure of the number of dwelling units per unit area.
The unit area for the R-1A and R-1B Residential Districts[4] is the net buildable site area. The unit area for all
other districts is the base site area. "Density" shall be expressed
in dwelling units per acre.
[Added 5-21-1990 by Ord. No. 644]
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
[Added 5-21-1990 by Ord. No. 644]
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities.
[Added 5-21-1990 by Ord. No. 644]
Any ditch, pipe, culvert, storm sewer or structure designed,
intended or constructed for the purpose of diverting surface water
from or carrying surface waters off streets, public rights-of-way,
parks, recreational areas or any part of any subdivision or land development.
Any room or group of rooms located within a building and
forming a single habitable unit with facilities which are used or
intended to be used for living, sleeping, cooking and eating by one
family.
A grant of the use of a parcel of land to the use of the
public, a corporation or person for a specific purpose.
The smallest roots of a tree, which are responsible for most
of the absorption of nutrients into the tree. Most are located within
the top 12 inches of the soil.
[Added 8-7-1989 by Ord. No. 621]
Areas adjoining any stream, watercourse, lake or pond which are subject to flooding as defined and delineated in Ch. 186, Zoning, and the Flood Boundary and Floodway Map therein.
Areas subject to periodic flooding and listed in the Soil
Survey of Bucks and Philadelphia Counties, Pennsylvania, United States
Department of Agriculture, Soil Conservation Service, 1999, as being
on the floodplain or subject to flooding. The following soil types
are "floodplain soils":
[Amended 9-18-2000 by Ord. No. 835]
Areas, groves or stands of mature or largely mature trees
(i.e., greater than six inches in caliber) covering an area greater
than 1/4 of an acre; or groves of mature trees (greater than eight
inches in caliber) consisting of more than 10 individuals.
Those surfaces which are impervious to rain. All buildings,
parking areas, driveways, roads, sidewalks and any areas in concrete
and asphalt shall be considered "impervious surfaces" within this
definition. In addition, paved areas and other areas determined by
the Engineer to be impervious within the meaning of this definition
will also be classed as impervious surfaces.
A measure of the intensity of use of a piece of land. It
is measured by dividing the total area of all impervious surfaces
within the site by the gross site area.
Any street for which the Borough, county or commonwealth
has maintenance responsibility and which is paved with an approved
hardtop surface.
Those physical additions, installations and changes, such
as streets, curbs, sidewalks, water mains, sewers, drainage facilities,
public utilities and other appropriate items required to render land
suitable for the use proposed.
Natural or artificial bodies of water which retain water
year round. Artificial "ponds" may be created by dams or result from
excavation. The shoreline of such water bodies shall be measured from
the permanent pool elevation. "Lakes" are bodies of water two or more
acres in extent. "Ponds" are any water body less than two acres in
extent.
[Added 5-21-1990 by Ord. No. 644]
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure.
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
The following shall not be considered a "land
development:"
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
[Added 5-21-1990 by Ord. No. 644]
A parcel of land used or set aside and available for use
as the site of one or more buildings and buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street.
A "lot," for the purpose of this chapter, may or may not coincide
with a lot of record, includes plot or parcel. A designated parcel,
tract or area of land established by a plat or otherwise as permitted
by law and to be used, developed or built upon as a unit.
[Amended 5-21-1990 by Ord. No. 644]
The total area of a lot lying within the lot lines and shall
specifically exclude the area of any easements within the aforesaid
lot lines.
A lot which has an interior angle of less than 135º
at the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a "corner lot" if the tangents
to the curve at the points beginning with the lot or at the points
of intersection of the side lot lines with the street right-of-way
lines intersect at an interior angle of less than 135º.
Any boundary line of a lot.
The Borough Manager, appointed as such by the Borough Council.
The division of a single lot, tract or parcel of land into
not more than two lots, tracts or parcels of land for the purpose,
whether immediate or future, of transfer of ownership or of building
development, provided that the proposed lots, tracts or parcels of
land thereby created have frontage on an improved public street or
streets and provided further that there is not created by the subdivision
any new street or streets, the need for required improvements, easement
of access or the need therefor.
A building providing separate living quarters for two or
more families.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for Perkasie Borough.
[Added 5-21-1990 by Ord. No. 644]
Areas of 1/4 acre or more of poorly drained soils which lie
along stream channels or swales or are adjacent to floodplain soils
and which are subject to periodic flooding. These are portions of
the following soil types where slope is less than 1/2%: Doylestown
silt loam and Urban land — Abbottstown complex, as
delineated in the Soil Survey of Bucks and Philadelphia Counties,
United States Department of Agriculture, Soil Conservation Service,
1975, or as currently amended.
Land held in common ownership, protected by easement, dedicated to the public or identified in another suitable manner in accordance with this chapter as "open space." To qualify as "open space," such land shall be used only for "open space" uses, i.e., recreation, amenity, buffer or resource protection. "Open space" does not include land occupied by buildings, roads or road rights-of-way, nor does it include the yards or lots of individuals or group dwelling units as required by the provisions of Chapter 186, Zoning, § 186-18 or 186-20.
"Open space" shall be left in its natural state,
except in the case of recreation uses. All impervious surfaces within
"open space" areas shall be counted as part of the total impervious
surface area in arriving at the impervious surface ratio for the development.
A measure of intensity of land use. It is arrived at by dividing
the total amount of open space within the site by the gross site area.
Includes a corporation, partnership and association, in addition
to the individual.
Natural or artificial bodies of water which retain water
year round. Artificial "ponds" may be created by dams or result from
excavation. The shoreline of such water bodies shall be measured from
the maximum condition rather than permanent pool, if there is any
difference.
Removal of branches from a tree using proper tools and approved
cutting techniques.
[Added 8-7-1989 by Ord. No. 621]
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code (Act 247, as amended by Act 170), 53 P.S. § 10101
et seq.
[Added 9-18-2000 by Ord. No. 835]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 P.S. § 271
et seq.
[Added 9-18-2000 by Ord. No. 835]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
[Added 9-18-2000 by Ord. No. 835]
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon their recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any "report" used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of production.
[Added 5-21-1990 by Ord. No. 644]
A strip of land occupied or intended to be occupied by a
street, alley, crosswalk, sanitary or storm sewer, stream, drainage
ditch or for another special use. The usage of the term "right-of-way"
for land plotting purposes in the Borough shall mean that every "right-of-way"
hereafter established and shown on a final record plan is to be separate
and distinct from lots or parcels adjoining such "right-of-way" and
not included with the dimensions or areas of such lots or parcels.
A parcel or parcels of land which are intended to have one
or more buildings or intended to be subdivided into one or more lots.
The area of a tract of land remaining after subtracting land which is not contiguous, land previously subdivided and existing road and utility rights-of-way from the site area. See § 164-40 of this chapter for the specific calculations.
A calculated area upon which the density and impervious surface ratio requirements for the various districts are computed. It can be determined for a particular tract of land by completing the calculations found in § 164-40 of this chapter.
Areas where the average slope exceeds 8%, which are subject
because of this slope to higher rates or runoff and therefore erosion.
A public or private way used or intended to
be used for passage or travel by automotive vehicles and pedestrians
and to provide access to abutting properties.
"Streets" are further defined and classified
as follows:
Thoroughfares.
EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade separated intersections.
ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties controlled.
COLLECTOR STREETDesigned to carry a moderate volume of fast-moving traffic from primary and secondary streets to arterial streets, with access to abutting properties controlled.
Local streets.
PRIMARY RESIDENTIAL STREETDesigned to carry a moderate volume of traffic, to intercept secondary (residential) streets, to provide routes to collector streets and community facilities and to provide access to the abutting properties.
SECONDARY RESIDENTIAL STREETDesigned to provide access to the abutting properties and a route to primary residential streets.
MARGINAL ACCESS STREETA secondary street which is parallel to and adjacent to an expressway, arterial or collector street and which provides access to abutting properties and protection from through traffic.
ALLEYA minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
DRIVEWAYGenerally a private street for the use of vehicles and pedestrians providing access between a public street and a parking area within a lot or property.
The dividing line between the street and the lot. The "street line" shall be the same as the legal right-of-way line, provided that the street right-of-way shall not be less than required in § 164-20A through D of this chapter and where a future right-of-way width for a street has been officially established, the street right-of-way line shall be the side line of the future right-of-way so established.
A combination of materials assembled, constructed or erected
at a fixed location, including a building, the use of which requires
location on the ground or attachment to something having location
on the ground.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
[Amended 5-21-1990 by Ord. No. 644]
Considered as subdivision or land development for the purpose of the procedural sections of this chapter. It is a subdivision or land development for which the developer chooses to use the performance standards set forth in the Chapter 186, Zoning, rather than the traditional zoning.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. "Topsoil" is usually found in the uppermost eight inches.
[Added 10-16-1995 by Ord. No. 770]
The line marking the outer edges of the branches of the tree.
[Added 8-7-1989 by Ord. No. 621]
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The "tree protection zone" shall
be 15 feet from the trunk of the tree to be retained or the distance
from the trunk to the dripline, whichever is greater. Where there
is a group of trees or woodlands, the "tree protection zone" shall
be the aggregate of the protection zones for the individual trees.
[Added 8-7-1989 by Ord. No. 621]
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or on
a tract of land.
Areas of undrained, saturated soils supporting wetland vegetation,
where the water table is at or near the surface or where shallow water
covers the area due to permanent or seasonal inundation of surface
or ground water. For the purposes of this chapter, "wetlands" are
identified using a three-parameter approach. The first is the presence
of hydrophytic or wetland vegetation. The second parameter considers
whether the soil develops under saturated conditions and will exhibit
certain morphological characteristics that distinguish it as a hydric
soil. Finally, the third parameter considers the hydrology, so that
an area must have either permanent surface water or be periodically
inundated during the growing season by ground- or surface water.
[Added 9-19-1988 by Ord. No. 604]
Areas comprised of one or more acres of mature or largely
mature trees in which the largest trees measure at least six inches
dbh (diameter at breast height or 4 1/2 feet above the ground). The
"woodlands" shall be measured from the dripline of the outer trees.
"Woodlands" are also 10 or more individual trees which measure at
least 10 inches dbh and form a contiguous canopy.
[Added 9-19-1988 by Ord. No. 604]
An open space unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of a required "yard" shall be measured
as the shortest distance between the structure and a lot line or street
line.
A yard between a structure and a street line and extending
the entire length of the street line. In the case of a corner lot,
the yards extending along all streets are "front yards." In the case
of a lot other than a corner lot that fronts on more than one street,
the yards extending along all streets are "front yards."
[Amended 8-17-1987 by Ord. No. 594]
It shall be unlawful for the owner of any land
in the Borough or any other person, firm or corporation to subdivide
any lot, tract or parcel of land or lay out, construct, open or dedicate
for public use or travel any street, sanitary sewer, storm sewer,
drainage facility or other facility in connection therewith or for
the common use of occupants of buildings within the subdivision or
land development unless and until final plans of such subdivision
or development have been prepared by a registered professional engineer
or registered land surveyor, submitted to and approved in writing
thereon by the Borough Council (except for minor subdivisions) and
recorded in the Bucks County Recorder of Deeds' office in Doylestown,
Pennsylvania; provided, however, that notwithstanding anything set
forth herein, the Borough, with regard to a library which is on land
owned by the Borough and which is opened to the public and not conducted
as a private gainful business, may enter into a long-term lease of
the site wherein such library may be located with another governmental
agency or a not-for-profit corporation without the necessity of following
the regulations and procedures set forth herein.
A.
No lot in a subdivision may be sold and no permit
to erect, alter or repair any building upon land in a subdivision
or land development may be issued unless and until a plan has received
final approval and until the municipal improvements required by the
Borough Council in connection therewith have either been constructed
or guaranteed as hereinafter provided.
B.
No building in a subdivision or land development depending
on ingress and egress upon the improvement of any street or streets
herein provided for shall be permitted to be occupied before improvements
are fully completed from a now-existing paved street to and across
the front of the lot on which the building is located and/or to a
sufficient depth along the side of the lot to service any driveway,
driveways or parking spaces.
C.
No building depending upon public water and sewer
facilities shall be permitted to be occupied before such facilities
are fully provided and operational.
[Added 5-21-1990 by Ord. No. 644[1]]
A.
In addition to other remedies provided for herein,
the Borough may institute and maintain appropriate actions in law
or in equity to restrain, correct or abate violations, to prevent
unlawful construction, recover damages and to prevent illegal occupancy
of a building, structure or premises. The description by metes and
bounds in the instrument of transfer or other documents used in the
process of selling or transferring shall not exempt the seller or
transferor from such penalties or from the remedies herein provided.
B.
The Borough, its Zoning Officer or other officers,
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 any provision of this chapter. This authority to deny any such
permits or approvals shall 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.
No permit shall be issued nor shall any approval be granted to any applicant identified in Subsection B above, unless such applicant complies with the conditions which would have been applicable to the property at the time the applicant acquired an interest in such real property, unless the Borough waives such condition or conditions.
[1]
Editor's Note: This ordinance also repealed
former § 164-7, Violations and penalties, as amended.
[Added 5-21-1990 by Ord. No. 644]
A.
Any person, partnership or corporation who or which
has violated any of the provisions of this chapter, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Borough, shall pay a judgment of not more than $500 plus all court
costs plus reasonable attorney 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 district
justice. If the defendant neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the district justice determining that
there has been a violation, further determines that there was a good
faith basis for the person, partnership or corporation violating this
chapter 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 district justice and thereafter each day that the violation
continues shall constitute a separate violation.
B.
The Court of Common Pleas, upon petition of the defendant,
may grant an order of stay, upon cause shown, tolling the per diem
judgment pending a final adjudication of the violation and judgment.
C.
Nothing contained herein shall be construed or interpreted
to grant to any person or entity other than the Borough, the right
to commence any action for enforcement pursuant to this section.