[Ord. 1975-8, 6/11/1975, § 701; as amended by Ord.
1978-7, -/-/1978]
1.
Should any action or provision of this Chapter be declared by the
courts to be invalid, such decision shall not affect the validity
of the Chapter as a whole, nor the validity of any other Section or
provision of the Chapter than the one so declared.
2.
Whenever there is a difference between the minimum standards specified
herein and those included in other official Borough regulations, the
most stringent requirements shall apply.
3.
All existing ordinances or parts of ordinances and resolutions or
parts of resolutions which are contrary to the provisions of this
Chapter are hereby repealed to the extent necessary to give this Chapter
full force and effect.
4.
This Chapter supersedes any ordinances currently in effect in flood
areas. However, any other applicable ordinances shall remain in full
force and effect to the extent that those provisions are more restrictive.
[Ord. 1975-8, 6/11/1975, § 702; as amended by Ord.
1995-2, 3/14/1995]
1.
The Borough Council shall establish by resolution a collection procedure
and schedule of fees to be paid by the subdivider.
2.
Said schedule of fees shall be posted in the office of the Borough
Secretary.
3.
Charges for field inspection shall be established on the basis of
the number of lots to be inspected, including improvements to be provided.
4.
No final plan shall be approved unless all fees and charges are paid
in full.
5.
Review Fees.
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.
[Ord. 1975-8, 6/11/1975, § 704; as amended by Ord.
1995-2, 3/14/1995]
1.
Any subdivider aggrieved by a finding, decision or recommendation
of the Borough Planning Commission may request and shall receive an
opportunity to appear before the Planning Commission, to present additional
relevant information and request, in writing, reconsideration of the
original finding, decision or recommendation.
2.
Any person aggrieved by a finding, decision, or recommendation of
the Borough Planning Commission, may appeal, in writing, to the Borough
Council, within 10 days after the date of action of the Planning Commission.
3.
Upon receipt of such appeal the Borough Council shall hold a hearing,
after proper notification to the Borough Planning Commission and all
parties in interest and in a manner prescribed by law.
4.
After such hearing the Borough Council may affirm or reverse the
action of the Planning Commission by a recorded vote and in the manner
prescribed by law; the findings and reasons for the disposition of
the appeal shall be stated on the records of the Borough Council and
a copy shall be given to the applying party. Affirmative action shall
authorize the subdivider to continue application from the point at
which it was interrupted.
5.
Any person aggrieved by action of the Borough Council, may appeal
within 30 days to the County Court of Common Pleas.
[Ord. 1975-8, 6/11/1975; as added by Ord. 1995-2, 3/14/1995]
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 constructive 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.
[Ord. 1975-8, 6/11/1975, § 705; as amended by Ord.
1995-2, 3/14/1995]
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 payable until the date of
the determination of a violation by the District Justice. 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 5th 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.
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.
4.
District Justices shall have initial jurisdiction in proceedings
brought under this Section.
[Ord. 1975-8, 6/11/1975; as added by Ord. 1995-2, 3/14/1995]
1.
Amendments to this Chapter shall become effective only after a public
hearing held pursuant to public notice. A brief summary setting forth
the principal provisions of the proposed amendment and a reference
to the place within the Borough where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Borough Council shall submit the amendment to the
Planning Commission at least 30 days prior to the hearing on such
amendment to provide the Planning Commission an opportunity to submit
recommendations. In addition, at least 30 days prior to the public
hearing on the amendment, the Borough shall submit the proposed amendment
to the County planning agency for recommendations.
2.
Within 30 days after adoption, the Borough Council shall forward
a certified copy of the amendment to the County planning agency.
3.
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this Section, and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Borough where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Borough Council
shall publish the proposed amendment once in a newspaper of general
circulation in the Borough not more than 60 days nor less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Borough solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
4.
In the event substantial amendments are made in the proposed amendment,
before voting upon enactment, the Borough Council shall, at least
10 days prior to enactment, readvertise, in one newspaper of general
circulation in the Borough, a brief summary setting forth all the
provisions in reasonable detail together with a summary of the amendments.
