[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]
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.