[Ord. 197, 12/1/2008]
The following provisions shall apply to the subdivision and land development process:
A. 
The Borough Council shall have the duty and authority for the administration and general enforcement of the provisions of this Chapter, as specified or implied herein.
B. 
The Borough having regulatory duties and authorities connected with, or pertinent to, the subdivision, use or development of land shall have duties and authorities for controlling enforcement of the provisions of this Chapter, as specified or implied herein or in other ordinances of the Borough.
C. 
Applicable forms and procedures shall be set forth in Part 3 of this Chapter.
D. 
No lot in a subdivision may be sold; no permit to erect, alter, or repair any building in a subdivision or land development may be issued; no building may be erected in a subdivision or land development; no 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 may be laid out, constructed, opened or dedicated; and no lot, tract or parcel of land shall be sold, transferred or made the subject of an agreement to sell any land in a subdivision or land development either by reference to, or by other use of a plat of such subdivision or land development, unless a final subdivision or land development plan has been approved and signed by the Honey Brook Borough Council in accordance with the procedures for review outlined in Part 3 hereof, and duly recorded in the Office of the Chester County Recorder of Deeds. All improvements as required by the Borough Council in conjunction with said subdivision or land development shall have been constructed or guaranteed as herein provided.
E. 
The applicant shall be responsible for observing the procedures established in this Chapter and for submitting all plans and documents as may be required.
[Ord. 197, 12/1/2008]
1. 
No application for preliminary or final approval shall be deemed to have been submitted until the fee and escrow deposit have been paid. Amounts of the application fee and escrow deposit shall be fixed by the Borough Council by resolution in a separate fee schedule.
2. 
A subdivision or land development application fee (non-refundable) 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. The escrowed funds shall be used to reimburse the Borough for actual expenditures incident to these processes including, but not limited to, fees of the Borough Engineer, inspection and review costs, and legal and other consulting expenses. Any costs incurred by the Borough 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 3 below.
3. 
As a condition of final plan approval and recording and following the establishment of any required performance and maintenance guarantees, in accordance with Part 6 of this Chapter.
[Ord. 197, 12/1/2008]
1. 
The Borough 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 applicant name and subdivision case number. The Borough shall keep a record of its findings, decisions and recommendations relative to all plans filed with it for review.
2. 
All such records shall be public records.
[Ord. 197, 12/1/2008]
1. 
Borough Council may waive certain requirements of § 22-404 of this Chapter upon finding that the submission of such item is not relevant to the application.
2. 
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 purposes and intent of this Chapter are observed.
3. 
Any request 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 the ordinance involved, and the minimum modification necessary.
4. 
The Council may refer the request for modification to the Planning Commission for advisory comments.
5. 
In granting modifications, the Council may impose such conditions, as will, in its judgment, secure substantially the objectives of the standards and requirements so modified. The granting of any conditional approval shall be in accordance with the terms of §§ 22-304.2.B(3) or 22-305.2.B(1), as appropriate.
6. 
The Borough shall keep a written record of all actions on all requests for modifications.
[Ord. 197, 12/1/2008]
1. 
The Borough Council may, from time to time, review, modify or amend the terms of this Chapter. Except for an amendment proposed by the Borough Planning Commission, the Council shall submit any proposed amendment to the Planning Commission for review and recommendation at least 30 days prior to the date fixed for the public hearing on such proposed amendment. In addition, at least 30 days prior to the hearing on the proposed amendment, the Council shall submit any proposed amendment to the Chester County Planning Commission for review and recommendation. The Council shall take no action to approve or deny any proposed amendment until it has received a report on the proposed amendment from the County Planning Commission, or until 30 days have been allowed for the receipt of such a report.
2. 
Amendments to this Chapter shall become effective only after a public hearing held pursuant to public notice in accordance with the Municipalities Planning Code, § 107(a). Notice of the date, time and place of the public hearing on the proposed amendment and the content of such notice shall be in accordance with § 506 of the Municipalities Planning Code, as amended.
3. 
In the event substantial amendments are made in the proposed ordinance or amendment before voting on enactment, the Council shall, at least 10 days prior to enactment, readvertise, in a newspaper of general circulation, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
4. 
Within 30 days following adoption, the Borough shall forward a certified copy of any amendment to this Chapter to the Chester County Planning Commission.
[Ord. 197, 12/1/2008]
1. 
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.
2. 
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.
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 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. 197, 12/1/2008]
1. 
Any person, partnership or corporation who or which has violated the provisions of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500, in accordance with MPC § 515.3, as amended, plus all court costs, including reasonable attorney fees incurred by the Borough as a result therefore. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the district justice.
2. 
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 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.
[Ord. 197, 12/1/2008]
Appeals from the actions of the Council with respect to any application for subdivision or land development approval shall be governed by the provisions of the Municipalities Planning Code, Part X-A, as amended.