The filing fee shall be as fixed annually by
the Borough Council by resolution. Any additional costs of review,
design, inspection or maintenance by the borough and/or Municipal
Engineer and Solicitor shall be borne by the applicant.
When the plans of streets and other improvements
have been approved, as provided in this Part 1, the subdivider shall
first notify the Borough Council of his intention to proceed with
the construction or installation of said streets and improvements;
notification shall be made at least 48 hours before any such construction
or installation shall commence so as to give the Borough Council or
the Municipal Engineer an opportunity to inspect the site prior to
commencement of work and to inspect installation or construction of
said streets and improvements during the course of work being performed.
Prior to any street, or other improvement being
accepted by the borough as herein provided, the subdivider shall post
a maintenance bond and/or other security naming the borough as obligee
in an amount deemed adequate by the Borough Council to remedy any
defects which are caused by defective or inferior materials or workmanship
which may develop during a period of two years from date of acceptance
by the borough.
A.
In accordance with Section 515.1 of the Planning Code,[1] 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.
[1]
Editor's Note: See 53 P.S. § 10515.1.
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 Part 1. This authority to deny
such a permit or approval shall apply to any of the following applicants:
the owner of record at the time of such violation; 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; 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;
or 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.
B.
Any person, partnership or corporation who or which
has violated the provisions of this Part 1 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 Part
1 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.
C.
The Erie County 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.
D.
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.
