[Ord. 621, 11/24/1987; as amended by Ord. 750, 10/15/2001]
1. 
No application for preliminary or final approval shall be deemed to have been filed until the application fee and escrow deposit, as set forth below, shall have been paid.
2. 
A subdivision/land development application fee (non-refundable) and an escrow deposit to cover the cost of plan review and processing shall be filed with any application for preliminary or final plan approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed by the Borough Council by resolution. The escrowed funds shall be applied to reimburse the Borough for actual expenditures of processing and review, including, but not limited to, the reasonable and necessary fees of the Borough's professional consultants, including Borough Engineer, for review and report. 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. Whenever the escrow balance falls below 33% of the original escrow deposit amount, the Borough may require the applicant to replenish the escrow deposit up to an amount equal to, but not exceeding, the original escrow amount. The required replenishment amount shall be provided by the applicant within 30 days of receipt of notification from the Borough. 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 guarantee, a second escrow deposit shall be established to cover the costs of: (i) inspections of improvements construction; (ii) materials or site testing; (iii) other monitoring, administrative, or consultant costs or fees incurred during development and construction; and (iv) maintenance costs (e.g., snow removal) 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, whenever the escrow balance falls below 33% of the original escrow deposit amount, the Borough may require the applicant to replenish the escrow deposit up to an amount equal to, but not exceeding, the original escrow amount. The required replenishment amount shall be provided by the applicant within 30 days of receipt of notification from the Borough. Any unexpended balance in the escrow deposit following: (i) acceptance of dedication of improvements by the Borough for a major subdivision or land development, or (ii) completion of all site development work and inspections for minor subdivision plan, shall be returned to the applicant. The amount of the escrow deposit shall be fixed by resolution of Borough Council.
4. 
The fees and escrow deposits required by this section shall constitute a lien against the property, and the Borough shall have the authority to collect all such fees and deposits provided for herein in like manner as other municipal claims are collected or by action in assumpsit.
[Ord. 621, 11/24/1987]
1. 
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety, and welfare. The Borough Council may modify or extend said provisions conditionally in individual cases as may be deemed necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter. If the literal compliance with any mandatory provisions of these regulations is shown by a subdivider, to a majority of the Borough Council present at a prescheduled public meeting, to be unreasonable and to cause undue hardship as they apply to his property to be subdivided, the Borough Council may grant a variance to the subdivider from such mandatory provisions if the variance will promote the public interest.
2. 
No changes, erasures, modifications, or revisions shall be made in any plan of a subdivision after approval has been made by the Council and endorsed on the plan unless the said plan is first resubmitted to and approved by the Borough Council.
3. 
Any person desiring to challenge the validity of any provision of this chapter or any amendment thereof shall make such challenge in accordance with the provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 621, 11/24/1987]
Any person aggrieved by action of the Borough Council may appeal to court as provided for in the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
[Ord. 621, 11/24/1987; as amended by Ord. 643, 12/19/1989; and by Ord. 810, 12/17/2007]
1. 
No lot in a subdivision shall be sold, no permit to erect any building upon land in a subdivision shall be issued and no buildings shall be erected in a subdivision until a final plan of such subdivision shall have been approved and properly recorded and until improvements have been either constructed or guaranteed.
2. 
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 before the magisterial district judge having jurisdiction, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or 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 the 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 5th 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.
3. 
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.
4. 
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.
5. 
Preventive Remedies.
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 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:
(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.
[Ord. 621, 11/24/1987]
The Borough Planning Commission and the Borough Council shall keep a record of their findings, decisions, and recommendations relative to all subdivision plans filed for review. Such records shall be made available to the public for review upon request.
[Ord. 621, 11/24/1987]
The subdivider shall be responsible for observing the procedures established in this chapter and for submitting all plans and documents as may be required.
[Ord. 621, 11/24/1987]
1. 
Whenever there is a difference between the minimum standards specified herein and those included in other official regulations, the more stringent requirements shall apply.
2. 
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.
[Ord. 621, 11/24/1987]
1. 
The Borough Council may, from time to time, on its own motion, revise, modify, or amend these regulations in order to increase their effectiveness or to expedite the approval of subdivision plans.
2. 
Any revisions, modifications, or amendments to these regulations shall be made in accordance with the procedures of Act 247, as amended, 53 P.S. § 10101 et seq., after a public hearing on the proposed revisions, modifications, or amendments.