This section outlines the procedures for enforcement and amendment of this chapter, as well as procedures for challenges and appeals of decisions rendered under this chapter.
Procedures for amendment. Amendments to this chapter shall become effective only after public notice is given and public hearing is held pursuant to public notice in the manner prescribed for enactment of a proposed ordinance in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and as subsequently amended.
Review by Planning Commission required. In the case of an amendment other than that prepared by the Denver Borough Planning Commission, the Borough Council shall submit each amendment to the Denver Borough Planning Commission for recommendations at least 30 days prior to the date of the public hearing on such proposed amendment.
The applicant shall reimburse the Borough for the reasonable and necessary expenses incurred by the Borough's professional consultants in connection with the review of plans and supporting calculations, reports, and documentation; review of cost estimates, financial security, stormwater management agreements, easement agreements, deeds of dedication, and similar documentation required in connection with the application or submitted by the applicant to comply with conditions or offers of dedication; and inspection of required improvements, hereinafter collectively referred to as "reviews and inspections."
The Borough shall submit to the applicant an itemized bill showing the work performed in connection with reviews or inspections performed, identifying the person performing the services and the time and date spent for each task. In the event the applicant disputes the amount of any such expense in connection with reviews or inspections performed, the applicant shall, no later than 30 days after the date of transmittal of a bill for review and/or inspection services, notify the Borough and the Borough's professional consultant that such review and/or inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, in which case the Borough shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of the review and/or inspection expenses. Failure of the applicant to dispute a bill within 30 days shall be a waiver of the applicant's right to arbitration of that bill under this section.
If the professional consultant and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator. The applicant and professional consultant whose fees are being challenged shall by mutual agreement, appoint another professional consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event the Borough has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall within 60 days reimburse the excess payment
In the event that the Borough's professional consultant and applicant cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Borough is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such arbitrator, who, in that case, shall be neither the Borough's professional consultant nor any professional consultant who has been retained by, or performed services for, the Borough or the applicant within the preceding five years.
The fee of the arbitrator shall be paid by the applicant if the review and/or inspection fee charged is sustained by the arbitrator, otherwise it shall be divided equally between the parties. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the professional consultant. The Borough and the consultant whose fees are the subject of the dispute shall be parties to the proceeding.
Review by Borough Council. The provisions of these regulations are intended as a minimum standard for the protection of the public health, safety, and welfare. If the literal compliance with any mandatory provision of these regulations is shown by the applicant, to the satisfaction of a majority of the members of the Borough Council present at a public meeting, to be unreasonable and to cause undue hardship because of peculiar conditions pertaining to the particular property and if the applicant shows that an alternative proposal will allow for equal or better results, the Borough Council may grant a waiver from such mandatory provision, so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a waiver shall not have the effect of making null and void the intent and/or purpose of this chapter.
Authority to impose conditions. In granting waivers, the Borough Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
Procedures for processing waivers. All requests for waivers shall be processed in accordance with the requirements of this chapter.
Right to appeals. Any person aggrieved by a finding, decision, or recommendation of the Borough Council with respect to the approval or disapproval of a plan or waiver request may appeal as provided for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, and as subsequently amended.
Mediation. As an alternative to an adjudicatory appeal proceeding, a party entitled to appeal a decision of the Borough Council may request the utilization of mediation as an aid in resolving the dispute. Participation in mediation shall be wholly voluntary by the parties, and shall be conducted as prescribed in Article IX of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and as subsequently amended.
Authority to initiate court actions. Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall:
Lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon; or
Sell, transfer or agree to enter into an agreement to sell or transfer any land in a subdivision or land development, whether by reference to or by use of a plan of such subdivision or land development or otherwise; or
Erect any building or buildings which constitute a land development thereon; or
Commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 170-10 herein, unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein; or
Fail to comply with any condition imposed upon approval of a preliminary plan or a final plan or any condition imposed upon the granting of any waiver; or
Fail to comply with any agreement with the Borough Council or the authority relating to development in accordance with a preliminary plan or a final plan; or
Fail to comply with any note included on an approved preliminary plan or final plan;
Recordation prohibited prior to Borough Council approval. Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall construct or permit the construction of any improvement or develop or permit the development of any property in a manner which does not fully comply with the approved improvement construction plan or final plan, as applicable, commits a violation of this chapter.
Notice of violation. Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall knowingly provide false information on any plan, report, certification or other document required to be submitted by this chapter commits a violation of this chapter.
Abatement of violations. Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, in any other way takes action or permits another to take action not authorized by this chapter or contrary to the provisions of this chapter commits a violation of this chapter.
As an additional condition for the issuance of a permit or the granting of an approval to any owner, current owner, vendee or lessee for the development of any such real property, the Borough Council 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.
The Borough Council shall keep an accurate, public record of its findings, decisions, and recommendations relevant to all applications filed with it for review or approval.
Should any section, subsection or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the chapter as a whole, or of any other part thereof.
Whenever there is a difference between the minimum applicable standard specified herein and those included in other applicable Borough regulations, the more stringent requirement shall apply.