The Borough Council shall establish, by resolution, a collection
procedure and schedule of fees to be paid by the developer at the
time of the filing of preliminary and final subdivision, consolidation
or land development applications, and for review fees, development
agreements, recording fees and inspection of improvements and any
other necessary and reasonable fees required to administer this chapter.
These fees shall be for the cost of review by the Engineer, BOCA officer,
the Solicitor, and in-house administrative costs, and in accordance
to provisions of the MPC Section 503.(1), (i) and (ii).[1]
[1]
Editor's Note: See 53 P.S. § 10503.
A.
Other enforcement remedies. 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 court
costs, including reasonable attorney fees incurred by the Borough
as a result thereof. Each day that a violation continues shall constitute
a separate offense. The procedure for imposition of liability in a
civil enforcement proceeding shall be as set forth in the MPC.[1] A civil enforcement proceeding may be initiated by the
Zoning Officer without prior consent of the Borough Council.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Preventive remedies.
(1)
In addition to other remedies, the Borough may institute and maintain
appropriate actions at 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.
(2)
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 consolidated 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:
(a)
The owner of record at the time of such violation.
(b)
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.
(c)
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.
(d)
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.
(3)
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 conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
Whenever any provision of this Subdivision Ordinance and subdivision
regulations is at variance with another lawfully adopted rule, regulation,
ordinance, restriction or covenant, that which imposes the most restrictive
requirement shall govern.
If any provision of the Subdivision Ordinance and regulations,
or the application of any provision thereof to particular circumstances,
is held invalid, the remainder of this Subdivision Ordinance and regulations,
or the application of such provision to other circumstances, shall
not be affected.
In all ways, Ordinance No. 727, previously enacted by the Council
of the Borough of Emsworth, shall be repealed in its entirety, and
this new chapter shall be in full force of law and effect.
