[Ord. 499, 9/13/2016, § 701]
1. Application Fees and Deposits. The Borough Council shall establish,
from time to time by resolution, application fees and deposits to
be paid by the applicant/developer at the time of filing the relevant
application under this Chapter.
2. Review Fees and Expenses. The applicant/developer shall reimburse
the Borough for all fees and expenses incurred by the Borough related
to a subdivision and/or land development and/or the review of any
application under this Chapter, including, but not limited to, the
reasonable and necessary charges by the Borough's professional
consultants, the Borough Engineer and/or the Borough Solicitor for
review and report on an application, subdivision and/or land development
under this Chapter and the inspection of improvements related thereto.
[Ord. 499, 9/13/2016, § 702]
1. If any mandatory provisions of this Chapter are shown by the applicant,
to the satisfaction of the Borough Council to be unreasonable, to
cause undue hardship, or that an alternate standard can provide equal
or better results, the Borough Council may grant a modification to
that provision. A modification may be granted provided it will not
be contrary to public interest and provided the purpose and intent
of this Chapter is maintained.
2. All requests for modification shall be in writing and signed by the
applicant. The request shall fully state the reasons and grounds for
why the provision(s) is unreasonable or the hardship imposed, and
shall discuss the minimum modification necessary.
3. The Borough Council shall request an advisory opinion from the Borough
Planning Commission and from the Borough Engineer on the modification
request.
4. In granting modifications, the Borough Council may impose such conditions
as will, in its judgement, secure substantially the objectives of
the standards or requirements so modified.
5. If a modification is granted it shall be referenced in the conditions
of approval of the plan, and shall apply only to that plan.
6. The written request for a modification shall be included in the application
for development. Such request shall cite the section(s) of the chapter
to be modified, the extent of modification and the reasons for the
modification.
[Ord. 499, 9/13/2016, § 703]
1. Civil Enforcement Remedies.
A. 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, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Borough as a result thereof. No judgement
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 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.
B. The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
C. 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.
2. Preventive Remedies.
A. In addition to other remedies, the Borough may institute and maintain
appropriate actions at 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 consolidated 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.