A.
Fee resolution.
(1)
The Borough Council shall establish by resolution a collection procedure
and schedule of fees to be paid by the applicant at the time of submission
of all plans.
(2)
Fees for all other permits required for and by the Borough shall
be established by the resolution.
(3)
Said schedule of fees shall be posted in the Borough office.
B.
Engineering fees.
(1)
Engineering fees required to be paid in accordance with this article
shall be paid to the Borough by the applicant for the below-listed
services:
(a)
Reviewing all information submitted in conformance with provisions
of this article. This includes all originally submitted and revised
plans, reports and specifications.
(b)
Inspecting the layout of the site for conformance to the submitted
survey, plan and specifications.
(c)
Reviewing planning modules for land development.
(d)
Reviewing cost estimates of required improvements as submitted
by the developer.
(e)
Inspecting required improvements during construction.
(f)
Final inspections of completion of installation of the required
improvements.
(g)
Such other technical services as deemed necessary or required
by the Borough.
The provisions of these regulations are intended as a minimum
standard for the protection of the public health, safety and welfare.
If the literal compliance with any mandatory provision of these regulations
is shown by the applicant to the satisfaction of the Borough Council
present at a public meeting to be unreasonable and to cause undue
hardship as it applies to the particular property, the Borough Council
may grant a waiver from such mandatory provision so that substantial
justice may be done and the public interest secured while permitting
the reasonable utilization of the property. However, the granting
of a waiver shall not have the effect of making null and void the
intent and purpose of this chapter.
At a public meeting, the Borough Council shall review the request
to determine if the literal compliance with any mandatory provision
of this chapter is demonstrated by the applicant to exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that such modification will not be contrary to the public
interest and that the purpose and intent of this chapter is observed.
The applicant shall demonstrate that an alternative proposal will
allow for equal or better results and represents the minimum modification
necessary. If the Borough Council determines that the applicant has
met his burden, it may grant a waiver from the literal compliance
with the terms of this chapter. In granting waivers, the Borough Council
may impose such conditions as will, in its judgement, secure the objectives
and purposes of this chapter. When a waiver is granted with conditions,
a statement of the approved waiver including the imposed condition(s)
shall be provided on the final plan.
It shall be the duty of the Borough Council and/or its duly
authorized representative to enforce the provisions of this chapter.
The Zoning Officer shall require that the application for a zoning
permit contain all information necessary to enable him to ascertain
whether the proposed building, alteration or use is located in an
approved subdivision or land development. No zoning permit shall be
issued until the Borough has determined that the site for the proposed
building, alteration or use complies with all the provisions of this
chapter and conforms to the site description as indicated on the approved
and recorded final plan.
A.
Violations.
(1)
Any person, partnership, corporation or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall: a) lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon; b) sell, transfer or agree to enter into an agreement to sell or transfer any land in a subdivision or land development, whether by reference to or by use of a plan of such subdivision or land development or otherwise; c) erect any building or buildings which constitute a land development thereon; d) commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 265-14 herein, 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; e) fail to maintain, alter in a manner which impairs proper functioning or remove improvements required to be installed by this chapter or by the provisions of any subdivision and land development ordinance previously in effect in the Borough in accordance with the requirements of this chapter or such previously in effect ordinance, commits a violation of this chapter.
(2)
Any person, partnership or corporation or the members of such partnership
or the officers of such corporation, who or which, being the owner
or agent of the owner of any lot, tract or parcel of land, shall construct
or permit the construction of any improvement or develop or permit
the development of any property in a manner which does not fully comply
with the approved improvement construction plan, land disturbance
plan or final plan, as applicable, commits a violation of this chapter.
(3)
Any person, partnership or corporation or the members of such partnership
or the officers of such corporation, who or which, being the owner
or agent of the owner of any lot, tract or parcel of land, shall knowingly
provide false information on any plan, report, certification or other
document required to be submitted by this chapter commits a violation
of this chapter.
(4)
Any person, partnership or corporation or the members of such partnership
or the officers of such corporation, who or which, being the owner
or agent of the owner of any lot, tract or parcel of land, in any
other way takes action or permits another to take action not authorized
by this chapter or contrary to the provisions of this chapter commits
a violation of this chapter.
B.
Violations and penalties.
(1)
Any person who shall violate any of the provisions of this chapter
in conjunction with or related to an activity constituting a subdivision
or land development (whether or not Borough Council has required the
filing of a subdivision or land development plan) 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 attorneys' 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 a
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 this chapter to have believed that there
was no such violation. If the Magisterial District Judge makes a determination
of good faith, there shall be deemed to have been only one such violation
until the fifth day following the date of determination of a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
(2)
For each violation of a provision of this chapter which is not committed
in conjunction with or related to an activity constituting subdivision
or land development (as those terms are defined in the Municipalities
Planning Code), the owner, agent, lessee or contractor or any other
person who commits, takes part in or assists in any such violation
shall be liable, upon conviction thereof in a summary proceeding,
to pay a fine of not less than $200 nor more than $1,000 for each
offense, together with the costs of prosecution. Each day or portion
thereof in which a violation exists shall be considered a violation
of this chapter, and each section of this chapter which is violated
shall be considered a separate violation.
C.
Remedies.
(1)
The Borough may institute and maintain actions at law or in equity
to restrain, correct or abate violations of this chapter, to prevent
unlawful construction, to recover damages and/or prevent illegal occupancy
of a building, structure or premises.
(2)
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 or land development
of real property in violation of this chapter. The authority to deny
such permit or approval shall apply to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time of such
violation without regard to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of the violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(d)
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 constructive knowledge
of the violation.
(3)
As an additional condition for the 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 estate.
