This chapter may be cited as the "Bradford Woods
Subdivision and Land Development Ordinance."
No subdivision or land development of any lot,
tract, or parcel of land shall be made, and no street, sanitary sewer,
storm sewer, water main or other improvements in connection therewith
shall be laid out, constructed, opened or dedicated for public use
or travel, or for the common use of occupants of buildings abutting
thereon except in accordance with the provisions of this chapter.
A.
Purpose and authority. The Council may grant a modification
of the requirements of one or more provisions of this chapter if the
literal enforcement of such provisions 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.
B.
Requests. All requests for a modification shall be
in writing and shall accompany and be a part of the application for
land development and/or subdivision. 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 be the minimum modification necessary.
C.
Review. The request for modification may be referred
to the Planning Commission for advisory comments.
D.
Written record. A written record shall be kept of
all action on requests for modifications.
In the event that any improvement which may
be required has not been installed as provided by this chapter, or
in accord with the approved final plat, the Council may enforce securities,
by appropriate legal and equitable remedies, and may take such other
action as is appropriate and authorized by law. If proceeds of such
bond or other security are insufficient to pay the cost of installing
or making repairs or corrections to all the improvements covered by
said security, the Council may, at its option, install part of such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the developer, or both,
shall be used solely for the installation of the improvements covered
by such security and not for any other municipal purpose.
A.
Initial jurisdiction. District Justices shall have
initial jurisdiction in proceedings brought under this section.
B.
Judgment. 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 the
court costs, including reasonable attorney fees incurred by the Borough
as a result thereof.
(1)
No judgment shall commence or be imposed, levied or
payable until the date of the determination of a violation by the
District Justice.
(2)
If the defendant neither pays nor timely appeals the
judgment, the Borough may enforce the judgment pursuant to the applicable
rules of civil procedure.
(3)
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
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.
Except as provided in § 200-6, any ordinance or part of an ordinance conflicting with the provisions of this chapter is hereby repealed to the extent of such conflict.
