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 per violation, plus
all court costs, including 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 was a good faith basis for the person,
partnership or corporation violating the chapter to have believed
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 a violation continues shall constitute
a separate violation.
B.
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 or the Municipalities
Planning Code, Act 170 of 1988. The authority to deny permits or approvals
shall be exercised against:
(1)
The owner of record at the time of the 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 such 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 such 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 such violation.
C.
The Borough may, as an additional condition for issuance
of a permit or the granting of an approval to any owner, vendee or
lessee for the development of any real property as to which there
are violations of this chapter, require compliance with the conditions
that would have been applicable to the property at the time the applicant
acquired an interest in the real property.
The Borough Council shall establish a schedule
of fees and a collection procedure for all applications and other
matters pertaining to this chapter. No action shall be taken in connection
with any subdivision or land development application until all fees
are paid and the applications are properly signed and filed in the
form required by this chapter. Fees established under and in accordance
with this section shall be no higher than those ordinarily and customarily
charged by the Borough Engineer and/or Borough consultants for similar
services in the community.
A.
In the event the applicant disputes the amount of
any such review fees, the applicant shall, within 10 days of the billing
date, notify the Borough that such fees are disputed in which case
the Borough shall not delay or disapprove a subdivision or land development
application due to the applicant's request over disputed fees.
B.
In the event that the Borough and the applicant cannot
agree on the amount of the review fees which are reasonable and necessary,
then the applicant and the Borough shall follow the procedure for
dispute resolution set forth in Section 510 of the Municipalities
Planning Code, Act 170 of 1988 (53 P.S. § 10510).
Borough Council may grant a modification to
the requirements of one or more provisions of the chapter if literal
enforcement will impose undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modifications
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed.
A.
All requests for modification shall be in writing
and shall accompany and be part of the application for development.
The request shall state in full the grounds and facts of the unreasonableness
of hardship on which the request is based, the provision or provisions
of the chapter involved and the minimum modification necessary. Such
requests shall be presented to the Borough Planning Commission through
the Borough Secretary for advisory comments.
B.
Borough Council shall keep a written record of actions
on requests for modifications.
