Amendments to this chapter shall become effective only after
a public hearing held pursuant to public notice in the manner prescribed
for enactment of a subdivision and land development ordinance by the
Pennsylvania Municipalities Planning Code. In addition, in case of an amendment other than that prepared
by the Planning Commission, the Borough Council shall submit each
such amendment to the Planning Commission for recommendations at least
30 days prior to the date fixed for the public hearing on such proposed
amendment.
[Added 7-15-1993 by Ord. No. 1048]
Changes in this chapter shall affect plats as follows:
A. From the time an application for approval of a plat, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of this chapter, zoning or other governing ordinance or plan shall
affect the decision on such application adversely to the applicant
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly approved. The applicant shall
be entitled to final approval in accordance with the terms of the
approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
B. When an application for approval of a plat, whether preliminary or
final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in this
chapter, zoning or other governing ordinance or plan shall be applied
to affect adversely the right of the applicant to commence and to
complete any aspect of the approved development in accordance with
the terms of such approval within five years from such approval.
C. Where final approval is preceded by preliminary approval, the aforesaid
five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of this chapter or the governing ordinance or plans as they stood
at the time when the application for such approval was duly filed.
D. Where the landowner has substantially completed the required improvements
as depicted upon the final plat within the aforesaid five-year limit,
or any extension thereof as may be granted by the Borough Council,
no change of any ordinance or plan enacted subsequent to the date
of filing of the preliminary plat shall modify or revoke any aspect
of the approved final plat pertaining to zoning classification or
density, lot, building, street or utility location.
E. In the case of a preliminary plat calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plat delineating all proposed
sections as well as deadlines within which applications for final
plat approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of the preliminary plat approval, until final plat approval of the
final section has been granted and any modification in the aforesaid
schedule shall be subject to approval of the Borough Council in its
discretion.
F. Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the Borough Council in its
discretion. Provided the landowner has not defaulted with regard to
or violated any of the conditions of the preliminary plat approval,
including compliance with landowner's aforesaid schedule of submission
of final plats for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within five years shall apply, and for any section
or sections, beyond the initial section, in which the required improvements
have not been substantially completed within said five-year period,
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plat approval for each section.
G. Failure of landowner to adhere to the aforesaid schedule of submission
of final plats for the various sections shall subject any such section
to any and all changes in this chapter, zoning, and other governing
ordinance enacted by the Borough subsequent to the date of the initial
preliminary plan submission.
[Added 7-15-1993 by Ord. No. 1048]
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 in writing 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 this
chapter involved and the minimum modification necessary.
C. The request for modification shall be referred to the Planning Commission
for advisory comments.
D. The Borough Council shall keep a written record of all action on
all requests for modifications.
The decision of the Borough Council with respect to the approval or disapproval of subdivision or land development plans may be appealed directly to court in the same manner and within the same time limitations, as is provided for zoning appeals (see Chapter
250).
[Added 7-15-1993 by Ord. No. 1048]
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. 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 conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Amended 7-15-1993 by Ord. No. 1048]
A. 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. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the Magisterial District Judge.
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 Magisterial District Judge, 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 Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation.
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 Borough the right
to commence any action for enforcement pursuant to this section.
D. Magisterial District Judges shall have initial jurisdiction in proceedings
brought under this section.
[Amended 7-15-1993 by Ord. No. 1048]
Whenever there is a conflict between the minimum standards or
requirements set forth in this chapter and those contained in other
Borough ordinances and regulations, or other applicable laws and regulations,
the most stringent standard or requirement shall apply.
[Amended 7-15-1993 by Ord. No. 1048]
A. Plan submission fees shall cover the costs to the Borough of reviewing
subdivision and land development plans, including but not limited
to administrative, legal, engineering and inspection costs.
B. An initial fee payment shall be made by the developer or his agent
at the time of filing of the preliminary plan, prior to acknowledgement
of receipt of the plan by the designated Borough official. The fee
payment shall be in accordance with such fee schedule as shall be
adopted from time to time by resolution of Borough Council.
C. Additional fee payments may be required by the Borough Planning Commission
where necessary to cover the costs of reviewing the subdivision or
land development plan.
D. In no case shall total fee payments exceed the costs incurred by
the Borough in reviewing a subdivision or land development plan.
[Added 7-15-1993 by Ord. No. 1048]
A. Review fees shall include the reasonable and necessary charges by
the Borough's professional consultants or engineer for review
and report to the Borough, and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Borough Engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the engineer or consultant to the Borough when fees
are not reimbursed or otherwise imposed on applicants.
B. In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Borough that such fees are disputed, in which case the Borough
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
C. In the event that the Borough and the applicant cannot agree on the
amount of review fees which are reasonable and necessary, then the
fees shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually
by the Borough and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
Borough and the applicant or developer.