This article outlines the procedures for enforcement and amendment
of this chapter, as well as procedures for challenges and appeals
of decisions rendered under this chapter.
A.
The Borough Council shall have the duty and authority for the administration
and general enforcement of the provisions of this chapter, as specified
or implied herein.
B.
Officials of the Borough having regulatory duties and authorities
connected with or appurtenant to the subdivision, use, or development
of land shall have the duties and authorities for the controlling
enforcement of the provisions of this chapter, as specified or implied
herein or in other ordinances of the Borough.
C.
Permits required by the Borough, for the erection or alteration of
buildings, the installation of sewers or sewage disposal systems,
or for other appurtenant improvements to, or use of, the land, shall
not be issued by any Borough official responsible for such issuance
until he or she has ascertained that the site for such building, alteration,
improvement or use is located in a subdivision approved and publicly
recorded in accordance with the provisions of this chapter regulating
the subdivision and development of land.
D.
Also, such permits shall be issued only after it has been determined
that the site for such building alteration, improvement or use conforms
to the site description indicated by the approved and recorded final
plan or other land description acceptable in accordance with the provisions
of this chapter, and that it is in compliance with all applicable
provisions of this chapter.
E.
If the building permit is issued erroneously or prior to proper approval,
it is void.
F.
The Sewage Enforcement Officer shall require that applications for
sewage disposal system permits contain all the information to ascertain
that the site for the proposed system is acceptable in accordance
with the provisions of this chapter, and the Rules and Regulations
of PA DEP and any requirement of the Borough pertaining to the issuance
of such permit.
Any revisions, modifications, or amendments to this chapter
shall be made in accordance with the procedures established by the
Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
All requests for modifications shall be processed in accordance with Article III of this chapter.
B.
The provisions of these regulations are intended as a minimum standard
for the protection of the public health, safety, and welfare. When
special circumstances warrant, the Borough may impose stricter standards.
If the literal compliance with any mandatory provision of these regulations
is shown by the applicant, to the satisfaction of the majority of
the members of the Borough Council present at a scheduled meeting,
to be unreasonable or to cause undue hardship as it applies to a particular
property, or if the applicant shows that an alternative proposal will
allow for equal or better results, the Borough Council may grant a
modification from such mandatory provision if the variation will not
be detrimental to the general welfare, nullify the objectives of those
regulations or conflict with the Comprehensive Plan.
C.
The Borough Planning Commission shall have the right to recommend
to the Borough Council modifications to the regulations in individual
cases as may be necessary in the public interest, provided, however,
that such modifications shall not have the effect of nullifying the
intent and purpose of these regulations. The list of suggested modifications
and the specific reasons for such change shall be entered in the minutes
of the Planning Commission and a copy of this entry shall be transmitted
to the Borough Council. The Borough Council may then alter the land
development plans and specify changes of modifications therein, which
it deems necessary and may make its approval subject to such alterations,
changes or modifications. Upon approval by the Borough Council, said
modifications shall be clearly defined and entered on the final plan
and signed by the Borough Council.
D.
In granting the hardship modification, the Borough Council may impose
conditions which will substantially secure compliance with the purposes
of this chapter.
All fees shall be provided in accordance with Article V of the Municipalities Planning Code.
A.
Filing fee. At the time of filing, all plats shall be accompanied
by a check payable to Lemoyne Borough, in the amount specified herein,
to defray the cost of reviewing the proposed plats and required data.
B.
Administrative fee. The fee schedule is established and may be amended
periodically by resolution of the Borough Council. A copy of said
fee schedule shall be available for review at the Borough Office.
Said fee schedule includes but is not limited to:
C.
Review fee. The Borough Council shall set fees, payable in advance,
for review of plans. Such review fees may include reasonable and necessary
charges by the Borough's professional consultants or engineer for
review and report thereon to the Borough.
(1)
Said fee should be determined or approved by the Borough Engineer
and sufficient to cover the costs of:
(a)
Reviewing the plat's engineering details.
(b)
Inspecting the site layout for conformance with the plat.
(c)
Reviewing cost estimates of required improvements (as applicable).
(d)
Inspecting required improvements during installation.
(e)
Final inspection on completion of installation of the required
improvements.
(f)
Other engineering verifications required by this chapter.
(2)
Such review fees shall be reasonable and in accordance with the ordinary
and customary charges by the Borough Engineer or consultants for similar
service in the community, but in no event shall the fees exceed the
rate or cost charged by the engineer or consultant to the Borough
when fees are not reimbursed or otherwise imposed on applicants.
(3)
The engineering fees required to be paid by this chapter shall be
promptly paid to the Borough by the applicant, as such fees are billed
to the Borough or Borough Authority by its or their engineers. The
applicant is required to pay said bill within 30 days of receipt.
D.
Recording fee. A recording fee may be collected at the time application
is made for final plat approval. Said fee shall be based on the current
recording fee schedule set by the Borough Council Register and Recorder's
Office. Fee shall be collected only when the Borough Council determines
that recording shall be completed by Borough staff.
E.
Other fees.
(1)
Fees for all other permits required for and by Lemoyne Borough for
opening roads, connecting to municipal sewers, building construction,
etc., shall also be paid by a check payable to Lemoyne Borough.
(2)
The applicant at the time of application shall agree to cover the
cost of advertising the Ordinance accepting the deed of dedication
of applicable required improvements and its recording costs.
(3)
At the time of filing, all plats shall be accompanied by a check
payable to the County Planning Commission, in the amount specified
by the County, to cover the costs of County Planning Commission review
and County Planning report.
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: lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon; or, sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development whether by reference to or by other use of a plat of such subdivision or land development or otherwise; or, erect any building or buildings which constitute a land development thereon; or, 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 Article III 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; or, fail to comply with any condition imposed upon approval of a preliminary or a final plan or any condition imposed upon the granting of a modification; or, fail to comply with any agreement with the Borough relating to development in accordance with a preliminary plan or a final plan; or, fail to comply with any note included on an approved preliminary plan or final plan; commits a violation of this chapter.
A.
Enforcement remedies.
(1)
Any person, partnership, or corporation who or which has violated
or permitted the violation of 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 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 this 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. All judgments, costs and reasonable attorney
fee collected for the violation of this chapter shall be paid over
to the Borough.
(2)
The Borough Council may initiate and maintain civil action to obtain
a writ of injunction against the owner or agency who is in violation
of any provision of this chapter or who attempts the improper sale
of conveyances of land and in proper cases to set aside and invalidate
any conveyances or agreements to convey land made prior to final plan
approval of any subdivision or land development.
(3)
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.
(4)
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.
B.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Borough the right to
commence any action at law and/or at equity for enforcement pursuant
to this section.
Any person aggrieved by a finding, decision, or recommendation
of the Borough Council with respect to the approval or disapproval
of a plan or modification request may appeal the decision as provided
for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968,
as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance or regulations impose greater
restrictions than those of this chapter, the provisions of such statue,
ordinance or regulation shall prevail.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by a recognized court of
the commonwealth, such decision shall not affect the legality of the
remaining sections, clauses, provisions or portions of this chapter.
