This article outlines the procedures for enforcement and amendment
of this chapter, as well as procedures for challenges and appeals
of decisions rendered under this chapter.
The decision of the Borough Council may be appealed, as provided
for in the most recent version of the MPC.
The Borough may impose fees and charges to recover all costs
incurred in the administration of this chapter. All fees and charges
shall be adopted by resolution or ordinance. These fees shall include,
but not be limited to, an application fee; fees for the review of
the plans, studies, financial security and associated documentation
by the Borough Engineer, Borough Solicitor or other professional consultant;
fees for the inspection of improvements installed in connection with
development authorized by a plan; and fees for the acceptance of dedication
of improvements.
Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon, or sell, transfer or agree or enter into an agreement to sell or transfer any land in a subdivision or land development, whether by reference to or by use of a plan of such subdivision or land development or otherwise, or erect any building or buildings which constitute a land development thereon, or commence site grading or construction of improvements prior to recording of a final plan, unless such grading or construction is for the sole purpose of installing improvements as prescribed in §
318-20 herein unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein, or who or which in any other way is in violation of or violates any of the provisions of this chapter, shall be subject to the penalties and remedies set forth in §
318-51 herein.
The Borough shall keep an accurate, public record of its findings,
decisions, and recommendations relevant to all applications filed
with it for review or approval.
Should any section, subsection or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decisions shall not affect the validity of this chapter as a whole,
or of any other part thereof.
If a discrepancy exists between any regulations contained within
this chapter, that regulation which imposes the greater restriction
shall apply.
The Lebanon County Subdivision and Land Development Ordinance,
enacted in 1989, and as subsequently amended, is hereby repealed in
total; provided, however, that this repeal shall in no manner be construed
as a waiver, release or relinquishment of or in equity pertaining
to any act done which would have constituted a violation of the Lebanon
County Subdivision and Land Development Ordinance of 1989, as amended.
All provisions of the Lebanon County Subdivision and Land Development
Ordinance of 1989, as amended, shall remain in full force and effect,
and are not repealed hereby, as they pertain to such acts and to the
processing of such plans filed prior to the effective date of this
chapter which are protected from the effect of intervening ordinances
by Section 508(4) of the most recent version of the MPC.
An approval issued in violation of the provisions of this chapter
is void without the necessity of any proceedings for revocation. Any
work undertaken pursuant to such an approval is unlawful. No action
may be taken by a board, agency, or employee of the Borough purporting
to validate such a violation.
This chapter shall take effect and be in force from and after
its approval as provided by law.