A.
Borough Council may grant a modification of the requirements of one
or more provisions if the literal enforcement will 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.
B.
All requests for a modification shall be in writing and shall accompany
and be part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of the
ordinance involved and the minimum modification necessary.
C.
The request for modification may be referred to the Planning Commission
for advisory comments.
D.
Borough Council shall keep a written record of all action on all
requests for modifications.
E.
Any subdivision or land development occurring within a floodplain
as identified in the Borough Floodplain Management Ordinance,[1] as amended from time to time, shall be in strict conformity
with the provisions of this chapter and the Floodplain Management
Ordinance.
(1)
Modifications within floodplain districts.
(a)
General. If literal compliance with any of this chapter's
requirements or the subdivision and land development requirements
contained within the Floodplain Management Ordinance would result
in an excessive hardship, upon any prospective builder, developer,
or landowner, the Borough Council may, upon written request, grant
relief from the requirement in question. Notwithstanding any of the
following procedures, all structures shall be designed and constructed
to withstand the one-hundred-year flood.
(b)
Procedures. Requests for modification of requirements of this chapter or the Floodplain Management Ordinance shall be reviewed by the Borough in accordance with the special considerations of § 295-112C(1)(f) of Chapter 295, Zoning.
A.
Should any action or provision of this chapter be declared by the
courts to be invalid, such decision shall not affect the validity
of the chapter as a whole, nor the validity of any section or provision
of the chapter than the one so declared.
B.
Whenever there is a conflict between the minimum standards or requirements
set forth in this chapter and those contained in other Borough ordinances
and regulations, or other applicable laws and regulations, the most
stringent standards or requirements shall apply.
Amendments to the Subdivision and Land Development chapter shall
become effective only after a public hearing held pursuant to public
notice in the manner prescribed for enactment of a subdivision and
land development ordinance by the Pennsylvania Municipalities Planning
Code.[1] In addition, in case of an amendment other than that prepared
by the Planning Commission, the Borough Council shall submit each
such amendment to the Planning Commission for recommendations at least
40 days prior to the date fixed for the public hearing on such proposed
amendment.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A fee in compliance with the fee schedule adopted from time
to time by resolution by the Borough Council shall be paid by the
developer to the Borough for each plat to cover the cost of considering,
examining, and checking the plat as required by this chapter.
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 as provided for in the Pennsylvania Municipalities Planning
Code[1] plus all court costs, including reasonable attorney 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 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Court of Common Pleas, upon petition, may grant an order to stay,
upon cause shown, tolling the per diem judgment 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.
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 a 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. As an additional condition for issuance of a permit
or the granting or 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.
