A. 
When any road, park or other improvement outlined in the construction permit shall have been completed in accordance with the terms of this chapter and in strict accordance with the Borough specifications now in effect or hereafter adopted, as the case may be, said road, park or improvement shall be deemed private until such time as the same shall have been offered for dedication to the Borough of Fox Chapel and accepted, by separate ordinance or resolution, or until it shall have been condemned for use as a public road, park or other improvement.
B. 
Prior to Borough acceptance of any new roads or sanitary sewers, the developer shall furnish to the Borough Manager two complete sets of the final as-built road or sanitary sewer plans.
[Amended 8-20-1990 by Ord. No. 512]
In any case where the Borough Council approves or disapproves a subdivision plan, any person aggrieved thereby may, within 30 days thereafter, appeal therefrom by appeal notice to the Court of Common Pleas of Allegheny County.
[Amended 9-19-1989 by Ord. No. 500]
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. 
Issuance of permit.
(1) 
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 any ordinance adopted pursuant to the Planning Code. This authority to deny such a 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 as 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 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 or constructive knowledge of the violation.
(2) 
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.
C. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this Act or prior enabling laws 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 be 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 ordinance 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;
(2) 
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.
[Amended 1-17-1983 by Ord. No. 437]
The provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the health, safety and general welfare of the residents of Fox Chapel Borough. Whenever the requirements of this chapter are at variance with any deed restrictions, covenants or other ordinances, the most restrictive, or that imposing the higher standards, shall govern.
[Amended 1-17-1983 by Ord. No. 437]
The Borough of Fox Chapel Subdivision Regulation Ordinance of 1964, Ordinance No. 260 approved October 19, 1964, as amended by Ordinance No. 274, approved March 21, 1966; Resolution No. 166, approved January 19, 1970; and by Ordinance No. 384, approved March 20, 1978, Fox Chapel Code Chapter XXII, Sections 1 through 454, is hereby repealed on the effective date of this chapter.