A.
The Subdivision Officer of the Borough shall act as
the officer of the Borough responsible for administration of this
chapter. The Subdivision Officer shall receive and examine all subdivisions
and land developments in the name of the Borough and shall refer copies
of all such plans and applications to appropriate agencies or officials
involved.
B.
The Subdivision Officer shall also receive information
from such agencies or officials and shall transmit these comments
to the Planning Commission and the Borough Council. The Subdivision
Officer shall keep records of all applications and plans and of actions
taken by the Borough on such applications and plans. The Borough's
Engineer or other designated Borough staff, at the request of the
Subdivision Officer, shall make all required inspections called for
in this chapter. The Subdivision Officer shall also inform the subdivider
and the Borough of any violations of this chapter which shall become
known to him.
C.
The Borough Council shall designate the specific person
or any member of the Borough Planning Commission to serve as the Subdivision
Officer. Said Subdivision Officer may be any person qualified to carry
out the duties set forth herein.
A.
The Borough Planning Commission shall be the responsible agency of the Borough to review all plans to identify compliance and noncompliance with the requirements of this chapter in accordance with the plan submission procedures set forth in Article III.
B.
The Commission shall also classify all plans as minor
subdivisions, as major subdivisions or land developments, as defined
herein.
C.
Upon completion of its review, the Commission shall
prepare a letter or report for submittal to the Borough Council setting
forth its findings and recommendations for approval, approval with
conditions or disapproval of the plan, together with reasons explaining
the recommended action. Said report shall only be advisory, and final
action shall be the responsibility of the Borough Council.
D.
The Commission may make all necessary contacts to
secure information on any plan and make inspections of the proposed
area to be subdivided, keep records of all actions taken, attend public
hearings scheduled by the Borough Council and assist the Borough Council
in all plan reviews.
A.
The Borough Council, with the assistance of the Subdivision Officer and the Borough Planning Commission as set forth above and in Article III, and any other agency or professional designated by the Borough Council shall review all subdivision plans and land developments to determine conformity with this chapter, may hold necessary public hearings and shall approve, approve with conditions or disapprove all plans for subdivisions and land developments after receiving the findings and/or recommendations of the Planning Commission.
B.
The Borough Council also shall grant any necessary modifications, variances or waivers as set forth in § 153-63 and shall perform all other duties required under this chapter.
C.
After approval of any final plan, the Borough Council
shall direct the Subdivision Officer to take any necessary action
relative to the making of arrangements for acceptance of dedication
by the Borough of any public right-of-way area(s) shown on the plan
and also action relative to the execution of the development agreement
with the subdivider.
Upon approval of any final plan by Borough Council, the President of the Borough Council or the Borough Manager and the Chairperson of the Planning Commission and the Borough Secretary shall endorse the required number of copies of the record plan, as required in § 153-19. The Joint Planning Commission may then endorse the record plan indicating the completion of its review of the plan.
The Subdivision Officer 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.
A.
Modifications. The Borough Council may grant the following
modifications and variances subject to such conditions which will,
in its judgment, secure substantially the objectives of the standards
or requirements which are so varied or modified.
(1)
Modification due to exceptional conditions. The Borough
Council may grant a modification to the provisions contained herein
for reason of the size or exceptional shape of a specific piece of
property or of exceptional topographic conditions or when the strict
application of this chapter would result in extreme practical difficulties
and undue hardship upon the owner of such property; provided, however,
that such relief may only be granted without detriment to the public
good and without substantially impairing the intent and purposes of
this chapter.
(2)
Modification of required improvements. The Borough Council may, subject to appropriate conditions, waive the provisions of any or all of the required improvements specified in Article VI to ensure the proper completion of the subdivision in accordance with the intent and objectives of this chapter, which are not required in the interest of the public health, safety and general welfare or which are inappropriate because of the inadequacy of connecting facilities.
(3)
Modification to permit large-scale or planned unit
developments. The standards and requirements of this chapter may be
modified by the Borough Council in the case of plans for complete
communities or neighborhood units or other large-scale developments
or planned residential or unit developments which comply with any
zoning ordinance adopted by the Borough and which, in the judgment
of the Borough Council, achieve substantially the objectives of the
regulations contained herein and which are further protected by such
covenants or other legal provisions as will assure conformity to and
achievement of the plan.
(4)
Requests for modifications. All requests for modifications
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 the ordinance involved and the minimum
modification necessary. The Borough Council shall keep a written record
of all action on all requests for modifications.
B.
Reconsideration and appeals to the Borough Council.
Any subdivider/applicant aggrieved by a finding, decision or recommendation
of any Borough official or of the Borough Planning Commission may
request and receive opportunity to appear before the Borough Council,
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 Borough Council shall be submitted in
writing. The application shall state fully the grounds and all the
facts relied upon by the applicant. The Borough Council shall act
upon such application within a period of 45 days.
E.
Revision and amendment. The Borough Council may, from
time to time, amend this chapter by appropriate action taken after
a public hearing on said proposed revisions. Public notice shall be
given of the date, time and place of such public hearings together
with a brief summary setting forth the principal provisions of such
amendments and indicating the place and time where copies of the proposed
amendments may be examined. All proposed amendments shall be submitted
to the Borough Planning Commission and to the Joint Planning Commission
for review at least 30 days prior to the date fixed for the public
hearing on such amendment.
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 any ordinance adopted pursuant to
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 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.
A.
Any person, partnership or corporation who or which
has violated the provisions of any subdivision or land development
ordinance enacted under this chapter or prior enabling laws shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by a municipality, pay a judgment of not more than $500,
plus all court costs, including reasonable attorneys' fees incurred
by the municipality 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 municipality 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 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 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 municipality
the right to commence any action for enforcement pursuant to this
section.
Any approval granted by the Borough Council
under this chapter does not relieve the subdivider of the legal responsibility
for meeting all other legal requirements under local, commonwealth
and federal law, and said subdivider shall be responsible for providing
a safe, environmentally sound and properly constructed subdivision
which does not adversely affect the public health, safety or welfare.
All aggrieved persons, firms or corporations may take appropriate
legal remedies against the subdivider in the event of any failure
on the part of the subdivider. The Borough of Wilson, the Borough
Council and all officials of the Borough, including all employees
or consultants of the Borough are hereby held harmless in the event
of any failure on the part of the subdivider.
