[Ord. 614, 12/29/1992, § 801]
1. 
The Borough Council 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.
2. 
Any revisions, modifications or amendments to this chapter shall be made in accordance with the procedures established by law after a public hearing on the proposed revision, modifications or amendments held pursuant to public notice in accordance with the provisions of Act 247, as amended. In addition, in the case of amendment other than that prepared by the Borough Planning Commission, the Borough Council shall submit each amendment to the Borough Planning Commission and the County Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
[Ord. 614, 12/29/1992, § 802]
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 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 alternative is merely less costly than that provided for within this chapter.
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. The request for modification shall be referred to the Planning Commission for advisory comments. The Borough Council shall keep a written record of all action on all requests for modifications.
3. 
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.
[Ord. 614, 12/29/1992, § 803]
All appeals and challenges shall conform to the requirements and procedures as outlined in the Pennsylvania Municipalities Planning Code, as amended.
[Ord. 614, 12/29/1992, § 804]
1. 
The Borough Council shall establish, by resolution, a collection procedure and schedule of fees to be paid by the subdivider or developer for review of plans.
2. 
The schedule of fees shall be available in the Borough office upon request.
3. 
The applicant shall reimburse the Borough for expenses incurred for the inspection of improvements.
[Ord. 614, 12/29/1992, § 805]
1. 
Preventive Remedies. 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. 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.
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.
2. 
Enforcement Remedies.
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 nor 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 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 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 district justice 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.
[Ord. 614, 12/29/1992, § 806]
The Borough Planning Commission and the Borough Council 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.
[Ord. 614, 12/29/1992, § 807]
The subdivider shall be responsible for observing the procedures established in this chapter and for submitting all plans and documents as may be required.
[Ord. 614, 12/29/1992, § 808]
1. 
Whenever there is a difference between the minimum standards specified herein and those included in other Borough ordinances or regulations, the more stringent requirements shall apply.
2. 
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.