A. 
In any case in which an applicant demonstrates to the satisfaction of the City Council that strict application of any provisions of this chapter would be unreasonable and would cause unnecessary hardship as applied to the proposed subdivision or land development, the City Council may grant a modification of such provision so as to grant relief from the unnecessary hardship, and such modification granted shall be the least modification necessary to grant relief from the unnecessary hardship and shall be applied so that substantial justice may be done and the public interest secured; provided, however, that such modification shall not be granted if it would have the effect of nullifying the intent and purpose of this chapter.
B. 
In granting modifications, the City Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so modified.
A. 
The City shall assign a subdivision application number to all subdivision and land development applications, and all matters referring to an application should be filed in accordance with the subdivision case number. The City shall keep a record of its findings, decisions, and recommendations relative to all plans filed with it for review.
B. 
All such records shall be public records.
A. 
No application for preliminary or final approval shall be deemed to have been submitted until the fee and escrow deposit, as set forth below, shall have been paid.
B. 
A subdivision or land development application fee (nonrefundable) and an escrow deposit shall be submitted with any application for preliminary or final plan approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed by the City Council by resolution. The escrowed funds shall be used to reimburse the City for actual expenditures incident to these processes, including but not limited to fees of the engineering consultant, and legal fees in excess of the fee for review of the City's standard forms. Any costs incurred by the City in excess of the amount held in escrow shall be fully reimbursed by the applicant prior to the issuance of any permits. Any unexpended balance in the escrow deposit shall become part of the second deposit required in Subsection C below.
C. 
Following final plan approval and recording and the establishment of any required performance guarantee, a second escrow deposit shall be established to cover the cost of inspections of improvements construction; materials or site testing; or maintenance costs (e.g., snow removal), prior to the acceptance of improvements by the City. Any costs incurred by the City in excess of the amount held in escrow shall be fully reimbursed by the applicant. Any unexpended balance in the escrow deposit following acceptance of dedication of improvements by the City shall be returned to the applicant. The amount of the escrow deposit shall be fixed by the City Council by resolution.
A. 
Any person, partnership, or 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, or dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for public use, travel, or other purposes or for the common use of occupants of buildings abutting thereon, or who sells or offers to sell, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development or otherwise, or who erects any building thereon, unless and until a final plat has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein, shall be guilty of a misdemeanor, and, upon conviction thereof, such person or the members of such partnership or the officers of such corporation or the agent of any of them responsible for such violation shall pay a fine not exceeding $1,000 per lot or parcel or per dwelling within each lot or parcel. All fines collected for such violations shall be paid over to the City. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties of from the remedies herein provided.
B. 
At the discretion of the City, misdemeanor prosecution for violation of this chapter may be converted to a civil penalty suit for the amounts set forth as fines hereinabove.
The procedures for securing review of any ordinance, decision or determination is set forth in Article X of the Pennsylvania Municipalities Planning Code, Act 170 of December 21, 1988, P.L. 170, as amended.[1]
[1]
Editor's Note: See now Article X-A of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Added 2-15-2024 by Ord. No. 2-2024]
Notwithstanding any and all provisions of this chapter, refer to Pittston City Code Chapter 270, Floodplain Management, prior to the issuance of any construction or approvals under this chapter. As set forth in Pittston City Code Chapter 270, Floodplain Management, the stricter of the requirements under this chapter or Chapter 270 shall be applicable in all instances.