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.
Any revisions, modifications, or amendments to this chapter
shall be made in accordance with the procedures established by the
Municipalities Planning Code, as amended.
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:
(1) The fee for filing a sketch plan.
(2) The fee for filing a preliminary land development plat and a final
land development plat.
(3) When Lemoyne Borough is granted an extension of the review time by
the applicant, Lemoyne Borough may in turn charge a supplemental administrative
fee.
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.
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.
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.