A.
The governing body may, from time to time on its own motion, revise,
modify, or amend this chapter in order to increase its effectiveness
or to expedite the approval of land subdivision and/or land development
plans.
B.
Any revisions, modifications, or amendments of this chapter shall
be made in accordance with the procedures established by law, after
a public hearing on the proposed revisions, modifications, or amendments,
held pursuant to public notice in accordance with the provisions of
Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
In addition, the governing body shall submit each amendment to the
County Planning Commission for recommendations at least 30 days prior
to the date fixed for the public hearing on such proposed amendment.
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 modifications will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed. Hardship shall not be construed to include
circumstances in which the alternate is merely less costly than that
provided for within this chapter. All requests for a modification
shall be in writing to the Borough 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. The Borough Council shall
keep a written record of all action on all requests for modifications.
B.
In granting modifications, the Borough Council may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards or requirements so modified.
All appeals and challenges shall conform to the requirements
and procedures as outlined in the Pennsylvania Municipalities Planning
Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The governing body shall establish, by resolution, a collection procedure
and Schedule of Fees to be paid by the subdivider or developer for
review of plans.
B.
The Schedule of Fees shall be available in the municipal office,
upon request.
C.
The applicant shall reimburse the Borough for expenses incurred for
the inspection of improvements.
A.
Preventive remedies.
(1)
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.
(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 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 construction 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.
B.
Enforcement remedies.
(1)
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 be 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
the ordinance 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.
(2)
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.
(3)
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.
The governing body shall keep a record of their findings, decisions,
and recommendations relative to all subdivision or land development
plans filed for review. Such records shall be made available to the
public for review.
The subdivider shall be responsible for observing the procedures
established in this chapter and for submitting all plans and documents
as may be required.
A.
Whenever there is a difference between the minimum standards specified
herein and those included in other municipal ordinances or regulations,
the more stringent requirements shall apply.
B.
All existing ordinances or regulations or parts thereof which are
contrary to the provisions of this chapter are hereby repealed to
the extent necessary to give this chapter full force and effect.