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.
C. 
Legal fees.
(1) 
Legal fees incurred by the Borough for the review of all information submitted for conformance with provisions of this chapter or other similar services shall be paid to the Borough by the applicant.
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.
A. 
All requests for waivers shall be made in accordance with the provisions of § 265-17 of this chapter.
B. 
Should a revision to a submitted plan require a waiver which was not apparent at the time of the initial plan submission, the request for a waiver shall be submitted in accordance with § 265-17 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.