A.
Subdivision Officer.
(1)
The Subdivision Officer shall be the designated officer of the Borough
Council who shall act as the officer responsible for administration
of this chapter. The Subdivision Officer shall receive and examine
all subdivisions and land developments in the name of the Borough
Council and shall refer copies of all such plans and applications
to the Borough of Lewistown Planning Commission and all other appropriate
agencies or officials involved. The Borough Council may utilize the
assistance of the Borough Engineer or other agency designated by the
Borough Council to assist the Subdivision Officer.
(2)
The Subdivision Officer shall also receive information from such
agencies or officials and shall transmit these comments to the Borough
Council. The Subdivision Officer shall keep records of all applications
and plans and of actions taken by the Borough Council on such applications
and plans. The Borough Engineer, at the request of the Subdivision
Officer or the Borough Council, shall make all required inspections
called for in this chapter. The Subdivision Officer shall also inform
the applicant and the Borough Council of any violations of this chapter
that shall become known to him or her.
(3)
The Borough Council shall designate the specific person to serve
as the Subdivision Officer. Said Subdivision Officer may be any person
qualified to carry out the duties set forth herein, as determined
by the Borough Council.
B.
Borough Council.
(1)
The Borough Council, with the assistance of the Subdivision Officer,
the Planning Commission, and any other agency or professional designated
by the Borough Council, shall review all plans to determine conformity
with this chapter and shall hold necessary public hearings and shall
approve, approve with conditions, or disapprove all plans submitted
and shall grant any necessary modifications, variances or waivers
and shall perform all other duties required under this chapter.
(2)
After approval of any final plan, the Subdivision Officer shall be
directed to take any necessary action, including coordination with
the applicant relative to the making of arrangements for acceptance
of dedication of any public right-of-way area shown on the plan and
also relative to the execution of the development agreement with the
applicant.
C.
Endorsement of record plan. Upon approval of any final plan by the Borough Council, and upon compliance with all required conditions, the President of Borough Council or, in his/her absence or disability, the Vice President of Borough Council and Secretary of Borough Council or, in his/her absence or disability, the Assistant Secretary of Borough Council shall endorse the required number of copies of the final record plan as of the date of compliance with all conditions, as required in § 220-9B(12).
D.
Subdivision records. The Subdivision Officer shall keep a record
of the findings, decisions and recommendations relative to all subdivision
plans and applications filed for approval. Such records shall be open
to the public for review.
A.
The Borough Council may grant a waiver 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 waiver will not be contrary
to the public interest and that the purpose and intent of the chapter
is observed.
B.
All requests for a waiver 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 the
chapter involved and the minimum waiver necessary.
C.
The Subdivision Officer shall keep a written record of all action
on all requests for waivers.
D.
Reconsideration and appeals to Borough Council. Any applicant aggrieved
by a finding, decision or recommendation of any official may request
and receive opportunity to appear before the Borough Council, present
additional relevant information, and request reconsideration and/or
appeal of the original finding, decision or recommendation.
E.
Procedure for applying. Applications for waivers, variances and appeals
to the Borough Council shall be submitted in writing. The application
shall state fully the grounds and all the facts relied upon by the
applicant. The Borough Council shall act upon such application within
a period of 45 days.
G.
Revision and amendment. The Borough Council may, from time to time,
amend this chapter by appropriate action taken after a public hearing
on said proposed revisions and in accordance with the provisions for
amendments of a subdivision and land development ordinance as set
forth in the Pennsylvania MPC, as amended and supplemented from time
to time, and in accordance with the Borough Code.[2]
[2]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
A.
In addition to other remedies, the Borough Council 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.
B.
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property that has
been developed or that has resulted from a subdivision of real property
in violation of any ordinance adopted pursuant to this article. This
authority to deny such a permit or approval shall apply to any of
the following applicants:
(1)
The owner of record at the time of such violation.
(2)
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.
(3)
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.
(4)
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 violation.
(5)
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 Council
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.
A.
Any person, partnership or corporation who or that 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
attorneys' 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 Magisterial District Judge.
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 Magisterial District Judge 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 Magisterial District Judge, 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.
A.
Hold harmless clause. Any approval granted by the Borough Council
under this chapter does not relieve the applicant of the legal responsibility
for meeting all other legal requirements under local, commonwealth
and federal law, and said applicant shall be responsible for providing
a safe, environmentally sound and properly constructed subdivision
and/or land development that does not adversely affect the public
health, safety or welfare. All aggrieved persons, firms or corporations
may take appropriate legal remedies against the applicant in the event
of any failure on the part of the applicant. The Borough of Lewistown,
the Borough Council, the Borough of Lewistown Planning Commission
and all employees or consultants of the Borough or the Borough Council
are hereby held harmless in the event of any failure on the part of
the applicant.
B.
Interpretation. The provisions of this chapter shall be held to be
minimum requirements to meet the purposes of this chapter. When provisions
of this chapter impose greater restrictions than those of any statute,
other ordinance or regulations, the provisions of this chapter shall
prevail. When provisions of any statute, other ordinance or regulation
impose greater restrictions than those of this chapter, the provisions
of such statute, ordinance or regulation shall prevail.[1]
