The New Wilmington Borough Council may from time to time revise, modify and amend this chapter by appropriate action in accordance with the Pennsylvania Planning Code, Act 247,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The filing fee shall be as fixed by the Borough by resolution. Any additional costs of review, design, inspection or maintenance by Borough officials shall be borne by the applicant.
The Borough shall maintain an accurate public record of all plans upon which it takes action and of its findings, decisions and recommendations in relation thereto.
In any case where the Borough disapproves a subdivision plan, any person aggrieved thereby may, within 30 days thereafter, appeal to the Court of Common Pleas of Lawrence County, Pennsylvania, in accordance with Article X-A of the Pennsylvania Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this chapter as a whole, or any individual part thereof.
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 this chapter or preceding regulations of the Borough. 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. 
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 condition 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 this chapter enacted under the Pennsylvania Planning Code[1] or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough of New Wilmington, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough of New Wilmington as a result thereof. No judgment shall commence or be imposed, levied or be 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 Borough of New Wilmington 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 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.
A. 
The Borough Council may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement 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. 
All requests for a modification shall be completed in the form provided 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 chapter involved and the minimum modification necessary. All requests for modifications shall be first referred to the Borough Planning Commission for review and comment prior to Council action. The Commission shall have 30 days to complete its review.
C. 
The Borough Council shall keep a written record of all action on all requests for modification.
D. 
The Borough Council may approve or deny the request for modification. If the Borough Council approves the request for modification, it shall authorize the minimum modification from this chapter that will afford relief. Approved modifications must be recorded on the plan.
Whenever there is a difference between the minimum standards or dimensions specified herein and those contained in other regulations, resolutions or ordinances of the Borough, the highest standards shall govern.