These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Borough. Any action taken by the
Borough under the terms of this chapter shall give primary consideration
to the above-mentioned matters and to the welfare of the entire community.
The Planning Board, when acting upon applications for minor
site plans, minor subdivisions, preliminary major subdivisions and
preliminary major site plans, shall have the power to grant such exceptions
from the requirements for such subdivision or site plan approval as
specified in this chapter if an applicant can clearly demonstrate
that because of peculiar conditions, literal enforcement of one or
more of said requirements is impracticable or will exact undue hardship.
However, any exception granted by the Planning Board must be reasonable
and within the general purpose and intent of the rules, regulations
and standards established by this chapter.
This chapter may be amended from time to time by the Borough
Council, after the appropriate referrals, notices, hearings and other
requirements of law.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity as a whole or of any other part thereof.
[Added 8-12-1999 by Ord.
No. 09-99]
A. Purpose. The purpose of this section is to provide for the process
and procedures to enforce the decisions of the Clayton Planning Board.
B. Enforcement procedure.
(1) Any alleged violation of any Planning Board action may be reported
to the Borough of Clayton by a citizen or as observed by an employee
of the Borough of Clayton or the Zoning Officer or Code Enforcement
Officer or any other official of the Borough of Clayton.
(2) Upon the reporting of any alleged violation (i.e., either in writing
or orally), an investigation and/or verification of the complaint
will be completed by the Zoning Officer or Code Enforcement Officer.
(3) If an alleged violation has been verified, then written notice of
the alleged violation will be sent to the violator with a designated
time frame to correct the violation in the discretion of the Borough
Zoning Officer or Code Enforcement Officer.
(4) In the event the violator fails to correct the violations in the
time prescribed or continues to violate the provisions of the Clayton
Planning Board, then a summons will be issued through the Clayton
Municipal Court for a violation of the provisions of this section
of the Unified Development Ordinance and the appropriate court date
will be scheduled by the Municipal Court for enforcement of the actions
of the Clayton Planning Board for the appropriate action as determined
by the Municipal Court Judge.
C. Penalties. Anyone who is found to have violated this section of the
Unified Development Ordinance shall be subject to a fine of not less
than $50 nor more than $1,000 and/or imprisonment in the county jail
for up to 90 days or both at the discretion of the Municipal Court
Judge. For purposes of this section, each day of the continued violation
will constitute a separate violation.