A.
Borough Manager. The Borough Manager, with the assistance
of the Commission Engineer and Commission Planner, shall act as the
administrative officer of the Commission and Council. The Borough
Manager shall receive and examine all subdivisions in the name of
the Commission and Council and shall refer copies of all such plans
and applications to appropriate agencies or officials involved. The
Borough Manager shall also receive information from such agencies
or officials and shall transmit these comments to the Commission and
Council. The Borough Manager shall keep records of all applications
and plans and of actions taken by the Commission and Council on such
applications and plans. The Commission Engineer at the request of
the Borough Manager or the Borough Council shall make all required
inspections called for in this chapter. The Borough Manager shall
also inform the subdivider and the Council of any violations of this
chapter which shall become known to him.
B.
Planning Commission. The Commission, with the assistance of the Borough
Manager, Borough Engineer, Solicitor and other appropriate consultants
and officials shall review all plans to determine conformity with
this chapter, the Zoning Ordinance[1] and other applicable Borough ordinances and resolutions
and make recommendations to the Borough Council concerning action
to be taken in connection therewith.
[Amended 12-19-2011 by Ord. No. 1274]
C.
Borough Council. As the governing body of the Borough of Catasauqua,
Borough Council shall have the sole authority to take official action
on all plans, applications and requests for waivers or modifications
submitted pursuant to this chapter or the Municipalities Planning
Code, as amended.[2]
[Amended 12-19-2011 by Ord. No. 1274]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Subdivision records. The Borough Manager shall keep
a record of the findings, decisions and recommendations relative to
all subdivision plans and applications filed for approval. Such records
shall be open to the public for review.
E.
No plan shall be recorded or construction of improvements commenced
unless and until the developer has fully complied with all conditions
of plan approval, including, but not limited to, where appropriate,
the execution of an improvements agreement to the satisfaction of
the Borough Solicitor and the posting of security for the completion
of improvements in accordance with the plan.
[Added 12-19-2011 by Ord. No. 1274]
F.
Submission constitutes public record (waiver of copyright).
[Added 12-19-2011 by Ord. No. 1274]
(1)
By making a submission under this chapter, the applicant and the
developer acknowledge and agree that all documents and other materials
or information submitted to the Borough or its consultants constitute
public records within the meaning of the Pennsylvania Right-to-Know
Law, Act 3 of 2008, as amended,[3] and are therefore subject to review and reproduction upon
request in accordance with that law and the ordinances and resolutions
of the Borough of Catasauqua.
[3]
Editor's Note: See 65 P.S. § 67.101 et seq.
(2)
To the extent that any such documents and other materials or information
are not deemed public records and are subject to protection pursuant
to applicable copyright law, the applicant and the developer and all
of their agents, employees and consultants, by submitting documents
to the Borough pursuant to this chapter or otherwise creating documents
for review by the Borough pursuant to this chapter, shall be deemed
to have waived all copyright protection as relates to the review,
analysis, criticism or approval of the plan by the Borough and all
of its agents, servants, employees, officials, consultants and the
public at large.
(3)
By making a submission under this chapter, the applicant and the
developer hereby agree to indemnify, defend and hold harmless the
Borough and all of its agents, servants, employees, officials, consultants,
boards, commissions and councils of and from any and all claims arising
out of or relating to allegations of copyright violations.
G.
Applicant's/developer's duty of good faith.
[Added 12-19-2011 by Ord. No. 1274]
(1)
Upon the filing of an application for review under this chapter,
the applicant and developer shall exercise good faith and promptly
address or otherwise respond substantively to the review comments
and requirements of the Borough and its staff and consultants.
(2)
It is the duty of the applicant and the developer to move the plan
to completion in a prompt, timely and diligent manner so as to enable
final review by the Planning Commission and action by the Borough
Council, to comply with all conditions of plan approval imposed by
Council and accepted by the applicant and developer and to record
the plan.
(3)
The Borough shall not be obligated to accept an applicant's
or developer's offer of a time extension for plan review or grant
a continuance of any hearing, meeting or review.
H.
Unsworn falsification to authorities. All statements made to the
Borough, whether written or oral, in the course of the land development
or subdivision plan process, shall be true and correct to the best
of the knowledge, information and belief of the applicant, the developer
and their agents and consultants, and with the understanding that
any false statement is subject to the penalties of 18 Pa.C.S.A. § 4904,
relating to unsworn falsification to authorities.
[Added 12-19-2011 by Ord. No. 1274]
[Amended 6-5-1995 by Ord. No. 1031]
A.
Modifications.
(1)
The Borough Council may grant a modification 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 modification
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed.
(2)
All requests for a modification shall be in writing
and shall accompany and be a part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
(3)
The request for modification shall be referred to
the Planning Commission for advisory comments.
(4)
The Borough Council shall keep a written record of
all action on all requests for modifications.
B.
Reconsideration and appeals to Commission. Any subdivider
aggrieved by a finding, decision or recommendation of any official
may request and receive opportunity to appear before the Commission,
present additional relevant information, and request reconsideration
and/or appeal of the original finding, decision or recommendation.
C.
Procedure for applying. Applications for modification,
variances and appeals to the Commission shall be submitted in writing.
The application shall state fully the grounds and all the facts relied
upon by the applicant. The Commission shall act upon such applications
within a period of 45 days.
D.
Appeals to court. The decisions of the Commission
and/or Council with respect to the approval or disapproval of plans
may be appealed directly to court as provided for in Pennsylvania
Act 247, as amended, the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
Amendments.
(1)
Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice. A brief
summary setting forth the principal provisions of the proposed amendment
and a reference to the place within the Borough where copies of the
proposed amendment may be secured or examined shall be incorporated
in the public notice. Unless the proposed amendment shall have been
prepared by the Planning Commission, the Borough Council shall submit
the amendment to the Planning Commission at least 30 days prior to
the hearing on such amendment to provide the Planning Commission an
opportunity to submit recommendations. In addition, at least 30 days
prior to the public hearing on the amendment, the Borough shall submit
the proposed amendment to the county planning agency for recommendations.
(2)
Within 30 days after adoption, the Borough Council
shall forward a certified copy of the amendment to the county planning
agency.
(3)
Proposed amendments shall not be enacted unless notice
of proposed enactment is given in the manner set forth in this section,
and shall include the time and place of the meeting at which passage
will be considered, a reference to a place within the Borough where
copies of the proposed amendment may be examined without charge or
obtained for a charge not greater than the cost thereof. The Borough
Council shall publish the proposed amendment once in a newspaper of
general circulation in the Borough not more than 60 days nor less
than seven days prior to passage. Publication of the proposed amendment
shall include either the full text thereof or the title and a brief
summary, prepared by the Borough Solicitor and setting forth all the
provisions in reasonable detail. If the full text is not included:
(4)
In the event substantial amendments are made in the
proposed amendment, before voting upon enactment, the Borough Council
shall, at least 10 days prior to enactment, readvertise, in one newspaper
of general circulation in the Borough, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
[Amended 6-5-1995 by Ord. No. 1031]
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 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 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 judgment.
C.
Nothing contained in this section 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.
D.
District Justices shall have initial jurisdiction
in proceedings brought under this section.
E.
Any person found guilty of violating an ordinance shall be assessed
court costs and reasonable attorneys’ fees incurred by the Borough
in the enforcement proceedings.
[Added 4-1-2013 by Ord.
No. 1288]
[Added 6-5-1995 by Ord. No. 1031]
A.
In addition to other remedies, the Borough may institute
and maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction, to
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 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 a permit or approval 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.
As an additional condition for 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.
[Amended 6-5-1995 by Ord. No. 1031]
Wherever there is a difference between minimum standards or dimensions specified herein and those contained in the Zoning Ordinance (Chapter 280) or other official regulations, the highest standard shall apply.
