It shall be the duty of the properly authorized official of
West View to administer the provisions of this chapter, enforce the
decisions of the Borough Council made hereunder and report any violations
thereof to the Borough Council.
A.
The Borough Council shall establish by resolution, which may be amended
from time to time, a collection procedure and schedule of fees to
be paid at the time of filing a preliminary plat. Said schedule of
fees shall also establish a fee for public hearings.
B.
Charges for field inspection shall be established on the basis of
the type of development to be inspected, including improvements to
be provided.
C.
No final plat 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, alter or repair any building upon land in a subdivision or development shall be issued; and no building shall be erected in a subdivision or development until a final plat of such subdivision or land development has been approved and properly recorded and until improvements have been either constructed or guaranteed in accordance with § 250-19 of this chapter.
Where any Borough street, including the paved area, gutters,
utilities and the right-of-way, is hereafter damaged in any manner
whatsoever, the person or persons directly responsible for said damage
and the subcontractor and/or general contractor for whom said person
or his superiors work, or with whom they have contracted, shall be
jointly liable for any and all damage to said Borough street and shall
repair said damage within 90 days of any written demand by the Borough.
All repairs shall meet Borough standards and shall be subject to Borough
inspection.
A.
Reconsideration. Any subdivider or land developer aggrieved by a
finding, decision or other action of the Borough Planning Commission
or Borough Council regarding this chapter may request and shall receive
an opportunity to appear before the Planning Commission or Borough
Council to present additional relevant information and may request,
in writing, reconsideration of the original finding, decision or action.
B.
Exceptions. No exception shall be granted to the provisions of this
chapter except in accordance with the following standards and procedures:
(1)
The provisions of these regulations are intended as minimum standards
for the protection of the public health, safety and welfare. The Borough
reserves the right to exceed them, where, owing to special circumstances
and conditions, it may be necessary in the public interest, or to
modify them when compliance with the provisions of this chapter would
result in unnecessary hardship, provided that such exception shall
not have the effect of nullifying the intent and purpose of these
regulations.
(2)
An exception may be requested of the Borough Council by any person,
in writing, within 10 days of the action taken by the Planning Commission
on the preliminary or final subdivision or land development plat.
(3)
The written request shall cite the provisions of this chapter as
to which an exception is requested and state the reasons for that
request.
(4)
Upon receipt of the appeal for an exception, the Borough Council
shall, within 30 days, set a date for a public hearing and give public
notice, as defined herein, of such hearing. A copy of the appeal shall
be sent to the Borough Planning Commission and it shall be considered
a party in interest at the hearing.
(5)
Appeals shall be decided within a reasonable time, not to exceed
30 days after the hearing, or if said hearing is continued, within
30 days after the continued hearing.
(6)
Written notice of decisions shall be given to all parties in interest,
citing the ways in which the decision conforms to the standards outlined
above.
C.
Appeals from decisions, findings or actions.
(1)
The decisions, findings or actions of the Borough Council or Planning
Commission, with respect to the approval or disapproval of plats or
the granting of exceptions, may be appealed directly to the Allegheny
County Court of Common Pleas by any person aggrieved.
(2)
Appeals shall be filed not later than 30 days after issuance of notice
of the action or report of the Planning Commission or Borough Council.
Challenges to the validity of this chapter shall be governed
by the following procedure:
A.
When the Borough Council has held a public hearing pursuant to public notice upon an application for subdivision or land development, such hearing shall be deemed in lieu of a hearing by the Zoning Hearing Board, and appeal from any decision or determination of the Planning Commission or Borough Council shall lie directly in the Allegheny County Court of Common Pleas in accordance with § 250-33C.
B.
When the Planning Commission or Borough Council has not held a public hearing, and recognizing that challenges to the validity of this chapter may present issues of fact and of interpretation which may lie within the special competence of the Zoning Hearing Board, and to facilitate speedy disposition of such challenges by a court, the Zoning Hearing Board may hear all challenges wherein the validity of this chapter presents any issue of fact or of interpretation and shall take evidence and make a record thereon, as provided in Chapter 290, Zoning.
C.
At the conclusion of any hearing, the Borough Council, Planning Commission
or Zoning Hearing Board shall decide all contested questions of interpretation
and shall make findings on all relevant issues of fact, which shall
become part of the record on appeal to the court.
This chapter may be amended from time to time in accordance
with the procedure established by Section 505 of the Pennsylvania
Municipalities Planning Code, Act No. 247,[1] as follows:
A.
Amendments shall become effective only after a public hearing(s)
held by the Borough Council pursuant to public notice, as defined
in this chapter.
B.
Public notice shall include a brief summary, setting forth the principal
provisions of the proposed amendment, and a reference to the place(s)
within the Borough where copies of the proposed amendment may be secured
or examined.
C.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Borough Council shall submit the proposed amendment
to the Planning Commission at least 30 days prior to the hearing on
such proposed amendment to provide the Planning Commission an opportunity
to make recommendations.
D.
After enactment, if the advertisement of an amendment is required
by other laws respecting the advertisement of an amendment, such advertisement
may consist solely of a reference to the place or places within the
Borough where copies of such amendment shall be obtainable for a charge
not greater than the cost thereof and available for examination without
charge.
[1]
Editor's Note: See 53 P.S. § 10505.
The Council of the Borough of West View, through the authority granted pursuant to Article V, Pennsylvania Municipalities Planning Code, Act No. 247,[1] has adopted these regulations governing the subdivision
and development of land within the Borough limits.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Any person, firm, corporation or agent thereof who shall subdivide
or develop any lot, tract or parcel of land; who shall lay out, construct,
open or dedicate any street, sanitary sewer, storm sewer or water
main, for public use or travel, or for the common use of occupants
of buildings abutting thereon; or who shall sell any lot or erect
any building in a subdivision or development without first having
complied with all the provisions of this chapter, shall be guilty
of a misdemeanor and, upon conviction thereof, shall be responsible
as provided by Section 515 of Act 247.[1]
[1]
Editor's Note: Section 515 of Act 247, 53 P.S. § 10515,
was repealed by 1988, Dec. 21, P.L. 1329, No. 170, § 43.
See now 53 P.S. §§ 10515.1 and 10515.3.
