A.
If any mandatory provisions of this chapter are shown by the applicant,
to the satisfaction of the Council, to be unreasonable and cause undue
hardship as they apply to his proposed subdivision, a modification
of those provisions may be requested in accordance with Section 512.1(b)
of the Pennsylvania Municipalities Planning Code. (See appendix included
as an attachment to this chapter.)[1] The Council may grant a modification to such applicant
from such mandatory provisions so that substantial justice may be
done and the public interest secured, provided that such modification
will not have the effect of nullifying the intent and purpose of this
chapter.
[1]
Editor's Note: See S3 P.S. § 10512.1(b).
B.
In granting modification, the Council may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so modified.
A.
The Borough shall assign a subdivision application number to all
applications, and all matters referring to this should be tied in
with and filed in accordance with the subdivision case number. The
Borough shall keep a record of its findings, decisions and recommendations
relative to all subdivision plans filed with it for review.
B.
All such records shall be public records.
A.
Subdivision and land development application fees for plan review
and processing shall be fixed by the Borough Council by resolution.
In addition to such fees, all disbursements by the Borough incident
to plan review, approval and processing in excess of the fees and
all inspections of construction, including but not necessarily limited
to planning and engineering fees, inspection fees, costs of materials
or site testing and any maintenance of lots prior to the acceptance
of improvements by the Borough, shall be reimbursed to the Borough
for actual costs by the applicant or developer. In addition, any legal
fees incurred by the Borough in excess of review of the Borough's
standard forms shall be reimbursed in the same manner.
B.
All such reimbursements for costs expended prior to establishment
of the applicant's performance guaranty shall be made prior to
issuance of any permits. All such reimbursements for costs expended
during construction shall be made out of escrow funds established
in the performance guaranty on a monthly basis.
C.
Excluding fixed administration costs, the applicant shall be charged
only for time actually expended and detailed in bills from the Borough
Planner, Engineer and Solicitor.
D.
If actual time charges incurred by either the Borough, its Planner,
Engineer or Solicitor will exceed the application fee, the Borough
shall render to the applicant a preliminary statement of time expended
and the additional fees required to complete reviews. Such required
additional amounts must be deposited with the Borough Manager prior
to issuance of the building permit.
E.
Costs incurred by the Borough in an initial conference with an applicant, as called for in Article IV of this chapter, shall not be chargeable to the applicant.
F.
The amounts of these inspection fees shall be fixed by resolution
of the Borough Council.
G.
If problems arise requiring more extensive involvement of the Borough
Planner, Engineer or Solicitor, any resulting costs that exceed the
initial fee will be assessed to the applicant.
If in the opinion of the Borough Engineer, the nature of any
land disturbance work is such that it may create a hazard to human
life or endanger adjoining property or property at a higher or lower
elevation or any street or street improvement or any other public
property, then the Borough Engineer may require that such an applicant
file a certificate of insurance showing that he is insured against
claims for damages for personal injury and property damage (including
damage to the Borough of Ridley Park by deposit or washing of material
onto municipal streets or other public improvements) which may arise
from or out of the performance of the work, whether such performance
is by himself, his subcontractor or any person directly or indirectly
employed by him. The amount of such insurance shall be prescribed
by the Borough in accordance with its determination of the risks involved,
in an amount not less than $25,000 per occurrence. Such insurance
shall be written by a company licensed to do business in Pennsylvania
and approved by the Borough. Neither issuance of a permit nor compliance
with the provisions hereto or any condition imposed by the Borough
shall relieve any person from any responsibility for damage to persons
or property otherwise imposed by law, nor shall it impose any liability
upon the Borough for damages to persons or property.
A.
Any person, partnership or 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 or dedicate any street, sanitary sewer, storm
sewer, water main or other improvements for public use, travel or
other purposes or for the common use of occupants of buildings abutting
thereon or who sells or offers to sell, transfers or agrees or enters
into an agreement to sell any land in a subdivision or land development,
whether by reference to or by other use of the plat of such subdivision
or land development or otherwise, or erects any building thereon,
unless and until a final plat has been prepared in full compliance
with the provisions of this chapter and has been recorded as provided
herein, shall be guilty of a misdemeanor. Upon conviction, the officers
of such corporation or the agent of any of them responsible for such
violation shall pay a fine not exceeding $1,000 per lot or parcel
or per dwelling within each lot or parcel. All fines collected for
such violations shall be paid over to the Borough. 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 transferrer from such penalties or from the remedies herein
provided.
B.
Anyone violating the terms of this chapter shall be guilty of a summary
offense and, upon conviction, shall be subject to a fine or penalty
of not more than $300 for each and every violation. Each day that
the violation continues after proper notification shall be a separate
offense. In addition thereto, the Borough may institute an injunctive,
mandamus or any other appropriate action or proceeding at law or equity
for the enforcement of this chapter or to correct violations of this
chapter, and any court of competent jurisdiction shall have the right
to issue restraining orders, temporary or permanent injunctions or
mandamus or other appropriate forms of remedy or relief.
Amendments to this chapter shall become effective only after
a public hearing held pursuant to public notice given for two successive
weeks, the first publication being no less than 14 days nor more than
30 days in advance of the public hearing date. In the case of an amendment,
the Borough Council shall submit each such amendment to the Borough
Planning Commission and County Planning Department for recommendations
at least 30 days prior to the date fixed for the public hearing on
such proposed amendment.
