This chapter shall be considered to set forth
the minimum requirements for the protection of the public health,
safety, comfort, property or general welfare, pursuant to the authority
of the Pennsylvania Municipalities Planning Code, Act No. 247, 1968
Sessions, as amended, or such statutes hereinafter in effect, and shall be construed
most favorably to the Borough as encouraging standards of planning
and development exceeding these basic and minimum regulations.
The Old Forge Borough Planning Commission and
the Old Forge Borough Council shall be charged with the responsibility
for the administration of the provisions of this chapter as herein
provided, including the exercise by the Borough Council of the municipal
authority to approve or reject any and all subdivision and land development
plans and to enforce the provisions of this chapter on behalf of the
Borough of Old Forge. The Borough Council also reserves, with respect
to this chapter, the authority to negotiate, approve, accept, hold
and release security paid by developers in lieu of the completion
of required improvements.
A. Initiation of action. In addition to other remedies
provided herein, the municipality may, on behalf of the Borough, 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. Refusal to issue permits. The municipality may refuse
to issue (or order municipal refusal 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 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 the violation.
C. Compliance with prior conditions. 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 municipality 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 subdivider or developer aggrieved by any action
of the municipality regarding refusal to approve a subdivision or
land development plan may, within 30 days of such refusal, appeal
to the Common Pleas Court of Lackawanna County. Such an appeal, as
well as any other appeals by aggrieved parties or other landowners,
shall be subject to the appeal procedures outlined in Article X-A
of Act 247.
The modification or repeal of any prior ordinance,
resolution or regulation by this chapter shall not annul or otherwise
relieve any party from any permit issued, condition imposed, approval
granted, approval denied, order issued or violation, penalty or other
liability incurred pursuant to such affected ordinance, resolution
or regulation.
The approval of a subdivision and/or land development
plan or of any improvement installed shall not constitute a representation,
guaranty or warranty of any kind or nature by the municipality or
any official, employee or appointee thereof of the safety of any land,
improvement, property or use from any cause whatsoever and shall create
no liability upon or a cause of action against the municipality or
such official, employee or appointee for any damage that may result
pursuant thereto.
The municipality, including both the Borough
Council and the Borough Planning Commission, shall keep a complete
record of all of its findings, decisions and recommendations relative
to all applications for approval of subdivision and land development
plans filed with the municipality for its review.
This chapter shall be in full force and effect
from and after its date of passage. This chapter, however, shall have
no effect on written agreements to sell, options and/or written offers
to purchase pending at the time of public notice of the introduction
and intended passage of this chapter, provided that said written agreements
shall be registered with the Borough Manager within 60 days of the
date of passage of this chapter.