The Borough Council shall establish by resolution a schedule
of fees for the review of plans by the Borough Solicitor, Borough
Engineer, and Borough municipal departments to be paid by the developer.
The schedule of fees shall be obtainable from the Borough Secretary.
No final plan or sketch plan of record shall be released for recording
unless all fees have been paid in full.
A.
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.
B.
All requests for a modification shall be filed, in writing, with
the Borough Secretary and shall accompany and be a part of the application
for development. The request shall state in full the grounds or provisions
of this chapter involved and the minimum modification necessary. The
request for modification shall be referred to the Planning Commission
by the Borough Secretary for advisory comments. The Council shall
keep a written record of all action on all requests for modifications.
C.
No changes, erasures, modifications or revisions shall be made in
any plan of a subdivision or land development after the plan has been
endorsed by the Borough Council unless the plan is first resubmitted
to and approved by the Council in accordance with the provisions of
this chapter.
A.
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 lot. 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.
(1)
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 a 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.
(2)
As an additional condition for issuance of a permit or the granting
or 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.
B.
Enforcement remedies.
(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 as provided for in the Pennsylvania Municipalities Planning
Code 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 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 this chapter to have believed that there
was no 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.
(2)
The Court of Common Pleas, upon petition, may grant an order to 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.
The developer shall be responsible for observing the procedures
established in this chapter and for submitting all plans and documents
as may be required.
A.
Whenever there is a difference between the minimum standards specified
herein and those included in other Borough regulations, the more stringent
requirements shall apply.
B.
All existing ordinances or parts of ordinances which are contrary to the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect, except as noted in Subsection A or elsewhere in this chapter; provided, however, that the provisions of this chapter shall not affect any suit or prosecution pending or to be instituted to enforce any provision of such repealed ordinance or to punish any offense against any such repealed ordinance committed prior to the effective date of this chapter.
The Borough Council may amend this chapter. Any amendments shall
be made in accordance with the procedures established by law.
This chapter shall not affect any act done or any offense committed
prior to its effective date nor affect any action to enforce any prior
ordinance or to punish any offense against a prior ordinance.
