[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
To ensure the integrity of the development plan and guarantee
that modifications in the plan do not adversely affect the public
interest, the enforcement and modification of the provisions of the
development plan as finally approved, whether those are recorded by
plat, covenant, easement or otherwise, shall be subject to the following
provisions:
A.
The provisions of the development plan relating to the use, bulk
and location of buildings and structures; the quantity and location
of common open space, except as otherwise provided in this chapter;
and the intensity of use or the density of residential units shall
run in favor of the Borough. These provisions shall be enforceable
in law or in equity by the Borough without limitation on any powers
of regulation otherwise granted the Borough by law.
B.
All provisions of the development plan shall run in favor of the
residents of the planned residential development but only to the extent
expressly provided in the development plan. Furthermore, these provisions,
whether recorded by plat, covenant, easement or otherwise, may be
enforced by law or equity by said residents acting individually, jointly
or through an organization designated in the development plan to act
on their behalf. No provisions of the development plan shall, however,
be implied to exist in favor of residents of the planned residential
development except as to those portions of the development plan which
have been finally approved and have been recorded.
C.
All those provisions of the development plan authorized to be enforced
by the Borough under this section may be modified, removed or released
by the Borough, except grants or easements relating to the service
or equipment of a public utility, subject to the following conditions:
(1)
No such modification, removal or release of the provisions of the
development plan by the Borough shall affect the rights of the residents
of the planned residential development to maintain and enforce those
provisions, at law or equity, as provided in this section.
(2)
No modification, removal or release of the provisions of the development
plan by the Borough shall be permitted except upon the findings by
the Council or its designated agency following a public hearing thereon
pursuant to public notice called and held in accordance with the provisions
of the Planning Code. These findings must indicate that the changes
are consistent with the efficient development and preservation of
the entire planned residential development, do not adversely affect
the enjoyment of land abutting upon or across the street from the
planned residential development or the public interest, and are not
granted solely to confer a special benefit upon any person.
D.
Residents of the planned residential development may, to the extent
and in the manner expressly authorized by the provisions of the development
plan, modify, remove or release their rights to enforce the provisions
of the development plan, but no such action shall affect the right
of the Borough to enforce the provisions of the development plan in
accordance with the provisions of this section.
[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
[Amended 1-17-1983 by Ord. No. 437; 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488]
[Amended 10-15-1984 by Ord. No. 450; 11-21-1988 by Ord. No. 488; 9-19-1989 by Ord. No. 500]
A.
Any person, partnership or corporation who or which has violated
the planned residential development provisions of any ordinance enacted
under the Planning Code or enabling laws 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 be payable until
the date of the determination of a violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the appropriate 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. All judgments,
costs and reasonable attorneys' fees collected for the violation of
planned residential development provisions shall be paid over to the
Borough;
B.
The 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.
