Inspection revealing noncompliance with plans
submitted under the provisions of this chapter, including conservation
plan measures for erosion and sedimentation control, shall be sufficient
grounds for withdrawal of building permits by the borough until correction
thereof, or other penalties or remedies, including injunctive relief,
as may be provided by law.
[Amended 5-13-1992 by Ord. No. 442]
A. Prohibited activities. No person, partnership, firm,
corporation or entity may perform any of the following 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:
(1) 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.
(2) Sell or offer to sell, transfer or agree to enter
into an agreement to sell any land in a subdivision or land development,
whether by reference to or by other use of a plat of such subdivision
of land development or otherwise.
(3) Erect, alter or repair any building or structures
upon land in a subdivision or land development.
B. Enforcement remedies.
(1) the Borough Council or its authorized representatives
may, in addition to other remedies, institute in the name of the borough
any and all appropriate civil, equitable or administrative actions
or proceedings to prevent, restrain, correct or abate any person,
partnership, firm, corporation or entity who either:
(a)
Performs any of the prohibited activities contained within Subsection
A above;
(b)
Fails to fully and completely comply with any
final subdivision or land development plan which has been approved
in accord with the provisions of this chapter and/or has been recorded;
or
(c)
Who otherwise violates any provisions of this
chapter.
(2) Any person, partnership, firm, corporation or entity who or which has violated any provisions of this chapter or who has engaged in any prohibited activities as defined in Subsection
A above or who fails to fully and completely comply with the improvements and provisions contained within an approved subdivision or land development plan shall be subject to a civil or enforcement proceeding commenced by the borough which, upon being found liable for the same, shall pay a judgment of not more than $500 or the maximum civil penalty permitted by Section 515.3 of the Municipalities Planning Code, whichever is greater, in addition to all court costs,
expenses and attorney's fees incurred by the borough as a result of
said civil enforcement proceeding.
(3) Any action or proceeding initiated pursuant to Subsection
B(1) or
(2) above shall be commenced before the appropriate District Justice having jurisdiction and venue upon the subdivision or land development in question.
(4) If the defendant in any action commenced pursuant to Subsection
B(1) or
(2) above neither pays nor timely appeals the judgment, the borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
(5) Each day that a violation continues shall constitute
a separate violation.
(6) All judgments, costs, expenses and attorney's fees imposed as a result of any proceedings commenced pursuant to Subsection
B(1) or
(2) above shall be paid to the borough.
(7) The description by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or enforcement
remedies provided herein.
C. Enforcement penalties.
(1) No person, partnership, firm, corporation or entity who or which owns, manages or is the agent of any owner of any lot, tract or parcel of land which is subject to this chapter and who violates any provision of this chapter, including engaging in a prohibited activity as set forth within Subsection
A above, or who fails to comply with the completion of improvements contained within a subdivision or land development plan once the same has been approved in compliance with the provisions of this chapter shall, upon conviction, be guilty of a summary offense punishable by a fine not to exceed $1,000 and/or a term of incarceration not to exceed 30 days, in addition to all court costs, expenses and attorney's fees incurred by the borough.
(2) Each day that a violation continues shall constitute
a separate offense.
(3) The description by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or enforcement
remedies provided herein.
Appeals from the actions of the Borough Council
with respect to any application for subdivision or land development
approval shall be governed by the provisions of Act 247 as they may be amended from time to time, or any successor
legislation thereto.
These provisions shall be considered the minimum
requirements for the protection of the public welfare, and the borough
reserves the right to modify or to extend them as may be necessary
in the public interest. When the application is not approved in terms
as filed, the decision shall specify the defects found in the application
and describe the requirements which have not been met and shall, in
each case, cite to the provisions of the statute or chapter relied
upon.
Any subdivider aggrieved by a finding, decision
or recommendation of the Borough Council may request and receive opportunity
to appear before the Borough Council, present additional relevant
information and request reconsideration of the original finding, decision
or recommendation, upon written request within 30 days of notification
of the Council's decision.
Nothing herein contained shall be interpreted
to permit any waiver of any of the requirements of the Aldan Borough
Building Code or the Aldan Borough Zoning Ordinance, as each may have
been amended or will from time to time be amended.