[Ord. 663, 6/20/1985, § 801]
This Part outlines the procedures for enforcement and amendment
of this Chapter, as well as procedures for challenges and appeals
of decisions rendered under this Chapter.
[Ord. 663, 6/20/1985, § 802]
1. 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 proposed ordinance by the Pennsylvania Municipalities
Planning Code, Act 247, as amended.
2. In the case of an amendment other then 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 of the public hearing on such proposed amendment.
[Ord. 663, 6/20/1985, § 803; as amended by Ord.
829, 11/15/2001]
1. 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.
2. 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.
3. The request for modification shall be referred to the Planning Commission
for advisory comments.
4. The Borough Council shall keep a written record of all action on
all requests for modifications.
[Ord. 663, 6/20/1985, § 804]
The decisions of the Borough Council with respect to the approval
or disapproval of a plan or waiver request may be appealed directly
to court as provided for in the Pennsylvania Municipalities Planning
Code, Act 247, as amended.
[Ord. 663, 6/20/1985; as added by Ord. 829, 11/15/2001]
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 years 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 of Elizabethtown subsequent to the
date of the initial preliminary plan submission.
[Ord. 663, 6/20/1985; as added by Ord. 829, 11/15/2001]
1. In addition to other remedies, the Borough of Elizabethtown 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 of Elizabethtown 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 of Elizabethtown
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. 663, 6/20/1985; § 805; as added by Ord. 829,
11/15/2001; and as amended by Ord. 897, 7/17/2008]
1. 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 do
any of the following commits a violation of this Chapter:
A. 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;
B. Sell, transfer or agree to 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;
C. Erect any building or buildings which constitute a land development
thereon;
D. 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 § 304
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;
E. Fail to comply with any condition imposed upon approval of a preliminary
plan or a final plan or any condition imposed upon the granting of
any waiver;
F. Fail to comply with any agreement with the Borough relating to development
in accordance with a preliminary plan or a final plan; or
G. Fail to comply with any note included on an approved preliminary
plan or final plan.
2. 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 construct
or permit the construction of any improvement or develop or permit
the development of any property in a manner which does not fully comply
with the approved improvement construction plan or final plan, as
applicable, commits a violation of this Chapter.
3. 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 knowingly
provide false information on any plan, report, certification or other
document required to be submitted by this Chapter commits a violation
of this Chapter.
4. 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, in any
other way takes action or permits another to take action not authorized
by this Chapter or contrary to the provisions of this Chapter commits
a violation of this Chapter.
5. As an additional condition for the issuance of a permit or the granting
of an approval to any 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. 663, 6/20/1985, § 807]
Whenever there is a difference between the minimum applicable
standard specified herein and those included in other applicable Borough
ordinances and regulations, the most stringent standard or requirement
shall apply.