A. 
The Borough shall assign a subdivision application number to all subdivision and land development applications, and all matters referring to an application should be filed in accordance with the applicant name and subdivision case number. The Borough shall keep a record of its findings, decisions, and recommendations relative to all plans filed with it for review.
B. 
All such records shall be public records.
A. 
Any application for preliminary approval and any application for final plan approval shall not be deemed to have been submitted until the fee and escrow deposit, set forth below, shall have been paid.
B. 
A subdivision or land development application fee (nonrefundable) shall be submitted with any application for preliminary or final plan approval. Amount(s) of the application fee shall be fixed from time to time by the Borough Council by resolution.
C. 
A subdivision or land development escrow deposit shall be submitted with any application for preliminary or final plan approval to further cover the reasonable costs of plan review and processing. The amount of the escrow deposit shall be set based upon the recommendation of the Borough Engineer. The escrowed funds shall be used to reimburse the Borough for actual expenditures incident to these processes, including but not limited to fees of the municipal engineer and other reviews authorized under the Municipalities Planning Code.[1] Any costs incurred by the Borough in excess of the amount held in escrow shall be fully reimbursed by the applicant prior to the issuance of any permits. Any unexpended balance in the subdivision or land development escrow deposit shall become part of the second deposit required in Subsection D below, except that in the case of an escrow established at the time of preliminary plan application, any unexpended balance upon approval of the preliminary plan application shall first become part of the escrow deposit submitted with the subsequent final plan application, to the extent applicable.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
As a condition of final plan approval and recording and following the establishment of any required performance guarantee, a second escrow deposit shall be established to cover the cost of inspections of improvements construction; materials or site testing; or maintenance costs (e.g., snow removal), prior to the acceptance of improvements by the Borough. Any costs incurred by the Borough in excess of the amount held in escrow shall be fully reimbursed by the applicant. Any unexpended balance in the escrow deposit following acceptance of dedication of improvements by the Borough shall be returned to the applicant. The amount of this second escrow deposit shall be set based upon the recommendation of the Borough Engineer.
A. 
The provisions of this chapter are the minimum standards for the protection of the public welfare. The Borough reserves the right to modify or extend them as may be necessary in the public interest.
B. 
If the applicant establishes that literal enforcement of any provision of this chapter will exact undue hardship or is otherwise not applicable to the subject application because of specific conditions pertaining to the applicant's land or the nature of the application, the Borough may grant a modification, in writing, to such applicant, provided that such modification will not be contrary to the public interest and the purpose and intent of this chapter.
C. 
All requests for modification shall be in writing, signed by the applicant, 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 ordinance involved, and the minimum modification necessary. The request for modification may be referred to the Planning Commission for advisory comments.
D. 
In granting modifications, the Borough may impose such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so modified.
E. 
The Borough shall keep a written record of all action on all requests for modifications.
(1) 
If a modification is granted, it shall be referenced in the conditions of approval of the plan and shall apply only to that plan.
(2) 
A listing of any waivers granted shall be placed on the final plan prior to approval by the Borough.
A. 
It shall be unlawful to record any subdivision plan in any public office, unless the same shall bear thereon by endorsement or otherwise the approval of the Borough Council.
B. 
The Borough shall have all of the remedies provided in the Pennsylvania Municipalities Planning Code to enforce compliance with the provisions of this chapter, including those remedies provided in Sections 511, 515.1 and 515.3 of the Pennsylvania Municipalities Planning Code,[1] as same may, from time to time, be revised.
[1]
Editor's Note: See 53 P.S. §§ 10511, 10515.1 and 10515.3, respectively.
C. 
Any owner, or agent of the owner, of any land located within a subdivision who sells, transfers or agrees to sell any land by reference to, or exhibition of, or by other use of a plan of a subdivision, before the same has been finally approved by the Borough Council, shall be subject to the sanctions and penalties hereafter set forth. The Borough Council may also enjoin such transfer or sale or agreement by injunction in addition to the penalties herein provided.
D. 
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.
E. 
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. 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 (buyer) or lessee (renter) of the owner of record at the time of such violation, without regard as to whether such vendee (buyer) or lessee (renter) 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 (buyer) or lessee (renter) of the current owner of record who acquired the property subsequent to the time of violation, without regard as to whether such vendee (buyer) or lessee (renter) had actual or constructive knowledge of the violation.
F. 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee (buyer) or lessee (renter) 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.
G. 
District justices or the Court of Common Pleas exercising jurisdiction of district justices shall have initial jurisdiction in proceedings brought under Subsection H hereof.
H. 
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 $1,000, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice or other appropriate tribunal. If the defendant neither pays nor timely appeals the judgment, the Borough 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 this 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.
I. 
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.
J. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
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 the Municipalities Planning Code,[1] they may be amended from time to time, or any successor legislation thereto.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The Borough Council may, from time to time, review, modify, or amend the terms of this chapter. Except for an amendment proposed by the Borough Planning Commission, the Borough Council shall submit any proposed amendment to the municipal Planning Commission for review and recommendation. At least 30 days prior to the hearing on the proposed amendment, the Borough Council shall submit any proposed amendment to the Delaware County Planning Commission for review and recommendation. The Borough Council shall take no action to approve or deny any proposed amendment until it has received a report on the proposed amendment from the County Planning Commission, or until 30 days have been allowed for the receipt of such a report.
B. 
Notice of the date, time, and place of the public hearing on the proposed amendment, and the content of such notice, shall be in accordance with Section 506 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10506.
C. 
In the event substantial amendments are made in the proposed ordinance or amendment, before voting on enactment, the Borough Council, at least 10 days prior to enactment, shall readvertise a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
D. 
Within 30 days following adoption, the Borough shall forward a certified copy of any amendment to this chapter to the appropriate agencies required by ordinance or statute.