A. 
The Borough Council may from time to time on their own motion revise, modify or amend these regulations in order to increase their effectiveness or to expedite the approval of subdivision plans.
B. 
Any revisions, modifications or amendments to these regulations shall be made in accordance with the procedures established by law after a public hearing on the proposed revisions, modifications or amendments.
C. 
In addition, in the case of amendment other than that prepared by the Borough Planning Committee, the Borough Council shall submit each amendment to the Borough Planning Committee for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
The provisions of these regulations are intended as minimum standards for the protection of the public health, safety and welfare of the residents and inhabitants of the Borough. The Borough reserves the right, in unusual situations, to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of these regulations. The list of such modifications and the reasons for them shall be entered in the minutes of the Borough Planning Committee or Borough Council, and a copy of this entry shall be transmitted to the Borough Secretary. Modifications shall be clearly defined and entered on the final plan and signed by the Chairman of the Borough Council.
A. 
Any subdivider aggrieved by a finding, decision or recommendation of the Borough Planning Committee may request and shall receive an opportunity to appear before the Borough Planning Committee to present additional relevant information and request, in writing, reconsideration of the original finding, decision or recommendation.
B. 
Any persons aggrieved by a finding, decision or recommendation of the Borough Planning Committee may appeal, in writing, to the Borough Council within 10 days after the date of action of the Borough Planning Committee.
C. 
Upon receipt of such appeal, the Borough Council shall hold a hearing after proper notification to all parties in interest and in the manner prescribed by law.
D. 
After such hearing, the Borough Council may affirm or reverse the action of the Borough Planning Committee by a recorded vote and in the manner prescribed by law. The findings and reasons for the disposition of the appeal shall be stated on the records of the Borough Council, and a copy shall be given to the appellant. Affirmative action shall authorize the subdivider to continue application from the point at which it was interrupted.
E. 
Any person aggrieved by action of the Borough Planning Committee or Borough Council may appeal within 30 days directly to the Court of Common Pleas of Cambria County in accordance with and in a manner prescribed by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
Challenges by any persons to the validity of this chapter or any amendments thereto shall be taken in accordance with the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The Borough Council shall establish by resolution a collection procedure and schedule of fees to be paid by the subdivider at the time of filing a preliminary plan.
B. 
The schedule of fees shall be posted in the Borough Secretary's office or in such other place as the Borough Council may designate.
C. 
In the event that the subdivider is required to pay additional fees at the filing of the final plan, such fees shall be collected by the Borough Secretary prior to distributing the final plan. There shall be no refund or credit of any portion of the fee should the subdivider fail to apply for final approval within the required period of time or if the final plan covers only a section of the subdivision for which preliminary approval has been obtained.
D. 
No final plan shall be approved unless all fees and charges have been paid in full.
A. 
No lot in a subdivision shall be sold, no permit to erect any building upon land in a subdivision shall be issued and no building shall be erected in a subdivision until a final plan of such subdivision shall have been approved and properly recorded and until improvements have been either constructed or guaranteed.
B. 
Any person, copartnership or corporation who shall subdivide any lot, tract or parcel of land, lay out, construct, open or dedicate any street, sanitary sewer, storm sewer or water main or other improvements for public use, travel or for the common use of occupants for buildings abutting thereon or who sells, transfers or agrees or enters into an agreement to sell any lot or erect any building in a subdivision without first having complied with all the provisions of this chapter shall be guilty of a misdemeanor, and, upon conviction thereof, such person, or the members of such partnership, or the officers of such corporation, or the agent of any of them, responsible for such violation shall pay a fine not exceeding $500 per lot or parcel or per dwelling within each lot or parcel. The description by metes and bounds in the instrument of transfer or other documents used for selling or transferring shall not exempt the seller or transferor from such penalties. All fines collected for such violations shall be paid over to the Borough of Westmont.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
The Borough Council may initiate and maintain civil action:
(1) 
To obtain a writ of injunction against the owner or agency which attempts the improper sale or conveyance of land.
(2) 
To set aside and invalidate any conveyances of land made prior to final plan approval of any subdivision.
D. 
Nothing herein shall prevent the Borough Council from taking such other action necessary to prevent or remedy any violation.
The Borough Planning Committee and the Borough Council shall keep a record of their findings, decisions and recommendations relative to all subdivision plans filed for review. Such records shall be made available to the public for review.