A.
No lot in a subdivision may be sold; no permit to erect, alter or repair any building upon land in a subdivision and/or land development may be issued; and no building may be erected in a subdivision and/or land development unless and until a subdivision and/or land development plan has been approved and signed by the Borough Council, following the review procedures outlined in Article III hereof, and where required, recorded; and until the improvements required by the Council in connection therewith have either been constructed or guaranteed as hereinbefore provided.
B.
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, transfers or agrees or enters into an agreement
to sell any land in a subdivision and/or land development whether
by reference to or by other use of a plat of such subdivision and/or
land development or otherwise, or erect any building thereon, 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,
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
unit or other unit of use within each lot or parcel. 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 or from the remedies herein
provided.
[Amended 2-3-1986 by Ord.
No. 1986-01; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
A.
The Council shall prescribe and make available to applicants a form
upon which all applications for approval of subdivision and land development
plans shall be made.
B.
Every applicant shall, at the time of filing application for approval
of a plan, pay to the Borough of West Grove a nonrefundable filing
fee as adopted by the Council and an escrow deposit, as set forth
herein, to cover the costs of plan review and processing. Amounts
of the filing fee and escrow deposit shall be fixed by the Council
by resolution. The escrowed funds shall be used to reimburse the Borough
for actual expenditures incident to these processes, including but
not limited to the review fees which are otherwise recoverable under
53 P.S. § 10503. Professional consultants include, but are
not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects and planners,
including professionals employed by the Borough. Any costs incurred
by the Borough in excess of the amount held in escrow shall be fully
reimbursed by the applicant from time to time in accordance with schedules
fixed by the Council by resolution and in any case prior to issuance
of any permits. Any costs not paid within the time specified by the
Borough shall be assessed an interest penalty as established by the
Council, or, if not established, at the statutory rate, and may result
in the suspension of reviews of the applicant's plans. All delinquent
accounts may be deemed a municipal claim and collected pursuant to
the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et
seq.
C.
For plans involving both subdivision and land development, both fees
will apply to the areas affected.
D.
Where
sketch plan review, traffic studies or other special analyses are
required by the Council, the applicant shall agree to reimburse the
Borough for costs incurred.
E.
The applicant
shall reimburse the Borough for expenses incurred for the inspection
of improvements based upon a schedule established by resolution of
the Council, as amended from time to time. Following final approval
and prior to recording, a second escrow deposit shall be established
to cover the cost of inspections of improvements, construction, materials,
or site testing or maintenance costs prior to the acceptance of improvements
by the Borough. Any costs incurred by the Borough in excess of the
amount held in escrow shall be fully reimbursed by the applicant from
time to time in accordance with schedules fixed by the Council by
resolution and in any case prior to the acceptance of any public improvements.
Any costs not paid within the time specified by the Borough shall
be assessed an interest penalty as established by the Council or,
if not established at the statutory rate and may result in the denial
or withdrawal of any permits, as permitted by the MPC. All delinquent
accounts may be deemed a municipal claim and collected pursuant to
the Municipal Claims and Tax Liens Act, 53 P.S. § 7101 et
seq.
A.
The Council may, from time to time, review, modify and amend this
chapter by appropriate action taken at a scheduled public meeting.
[Amended 12-2-2009 by Ord. No. 2009-10]
B.
Notice of the date, time, and place of such a public meeting together
with the brief summary setting forth the principal provisions of the
proposed revisions, modifications or amendments, shall be in accordance
with the requirements of public notice as defined herein.
A.
If any mandatory provisions of this chapter are shown by the applicant,
to the satisfaction of the Council, to be unreasonable and cause undue
hardship as they apply to his proposed subdivision and/or land development,
the Council shall grant a variance to such applicant from such mandatory
provisions, so that substantial justice may be done and the public
interest secured; provided that such variation will not have the effect
of nullifying the intent and purpose of this chapter.
B.
In granting variances and modifications, the Council may impose such
conditions as will, in its judgement, secure substantially the objectives
of the standards or requirements so varied or modified.
Any applicant aggrieved by a finding, decision, or recommendation
of the Council may request and receive opportunity to appear before
the Council, present additional relevant information and request reconsideration
of the original finding, decision or recommendation.
[Added 6-6-1977 by Ord.
No. 1977-03]
The provisions of this chapter shall not apply, nor be applied,
to any and all property owned by the Borough or West Grove Borough
Authority or to be acquired by the Borough or West Grove Borough Authority
at any time hereafter.
