A.
Amendments to this chapter shall become effective only after a public
hearing held pursuant to public notice in the manner prescribed for
enactment of a subdivision and land development ordinance in the most
recent version of the MPC.
B.
The Borough Council shall submit each amendment to the DCPC for recommendations
at least 30 days prior to the date of the public hearing on such proposed
amendment.
A.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare. The Borough
Council may waive or modify any mandatory provision of these regulations
to the benefit of the applicant, provided the majority of the members
of a quorum of the Borough Council present at a scheduled public meeting
determines that the waiver and/or modification:
(1)
Will remove or reduce an unreasonable standard or undue hardship,
as it applies to the particular property, which is grossly disproportionate
to any benefit derived from the standard, or when an alternative standard
provides equal or better results; and
(2)
Provides reasonable utilization of the property while securing the
public interest.
B.
All waivers and/or modifications shall be processed in accordance with the waiver and/or modification provision described in Article III of this chapter relating to waiver and/or modification request. It shall be the burden of the applicant to demonstrate compliance with the above conditions.
C.
In granting waivers and/or modifications, the Borough Council may
impose such conditions as will, in its judgment, secure substantially
the objectives of this chapter.
D.
The granting of a waiver and/or modification shall not have the effect
of making null and void the intent and purpose of this chapter.
The decision of the Borough Council may be appealed, as provided
for in the most recent version of the MPC.
A.
The Borough may impose fees and charges to recover all costs incurred
in the administration of this chapter.
B.
All fees and charges shall be adopted by resolution or ordinance.
These fees shall include, but not be limited to:
(1)
An application fee;
(2)
Fees in the form of escrow in the amount as set by the Borough of
Paxtang and the Borough Engineer, Borough Solicitor or other professional
consultant, for the review of the plans, studies, financial security
and associated documentation by the Borough Engineer, Borough Solicitor
or other professional consultant;
(3)
Fees for the inspection of improvements installed in connection with
development authorized by a plan; and
(4)
Fees for the acceptance of dedication of improvements.
[1]
Editor's Note: The current Borough Schedule of Fees is on
file in the Borough office and on the Borough's website.
Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall: a) lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon; or b) sell, transfer, or agree or enter into an agreement to sell or transfer, any land in a subdivision or land development, whether by reference to or by use of a plan of such subdivision or land development or otherwise; or c) erect any building or buildings which constitute a land development thereon; or d) commence site grading or construction of improvements prior to recording of a final plan, unless such grading or construction is for the sole purpose of installing improvements as prescribed in Article V of this chapter, relating to installation of public improvements in conjunction with conditional final plan approval, unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein, or who or which in any other way is in violation of or violates any of the provisions of this chapter, shall be subject to the penalties and remedies set forth in § 370-49 below, relating to violations and penalties.
A.
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.
B.
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 or development
of real property in violation of this chapter. The authority to deny
such a permit or approval shall apply to any of the following:
(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 the violation.
C.
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.
D.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction
in proceedings brought under this chapter.
E.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of this chapter, upon being found liable thereof in
a civil enforcement proceeding commenced by the Borough, must 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 be 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
this chapter 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.
(2)
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.
(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.
F.
No person shall proceed with any site grading or construction of improvements prior to recordation of a final plan, unless such grading or construction is for the sole purpose of installing the public improvements as prescribed in Article III of this chapter relating to compliance with conditions of approval.
G.
No deeds shall be executed or recorded for lots, nor shall the construction
of any structure be initiated, before the Borough Council has approved
the final plan and such plan is recorded with the Dauphin County Recorder
of Deeds.
A.
The Borough shall keep an accurate public record of its findings,
decisions and recommendations relevant to all applications filed with
it for review or approval.