[Amended 6-12-1995 by Ord. No. 95-4]
A. 
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice. A brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Borough where copies of the proposed amendment may be secured or examined shall be incorporated in the public notice. Unless the proposed amendment shall have been prepared by the Planning Commission, the Borough Council shall submit the amendment to the Planning Commission at least 30 days prior to the hearing on such amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, at least 30 days prior to the public hearing on the amendment, the Borough shall submit the proposed amendment to the County planning agency for recommendations.
B. 
Within 30 days after adoption, the Borough Council shall forward a certified copy of the amendment to the County planning agency.
C. 
Proposed amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
(2) 
An attested copy of the proposed amendment shall be filed in the County law library (or other County office designated by the County Commissioners).
D. 
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, re-advertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
[Amended 6-12-1995 by Ord. No. 95-4]
A. 
The Borough Council may grant a modification of the requirements of one or more provisions of this chapter 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 a 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 this chapter involved and the minimum modification necessary.
C. 
The request for modification shall be referred to the Planning Commission for advisory comments.
D. 
The Borough Council shall keep a written record of all action on all requests for modifications.
A. 
Any subdivider aggrieved by a finding, decision or recommendation of the Borough Planning Commission may request and shall receive an opportunity to appear before the Borough Planning Commission to present additional relevant information and request, in writing, reconsideration of the original finding, decision or recommendation.
B. 
Any persons aggrieved by a finding, decision or recommendation of the Borough Planning Commission may appeal, in writing, to the Borough Council within 10 days after the date of action of the Borough Planning Commission.
(1) 
Upon receipt of such appeal, the Borough council shall hold a hearing after proper notification to all parties in interest and in the manner prescribed by law.
(2) 
After such hearing the Borough Council may affirm or reverse the action of the Borough Planning Commission by a recorded vote and in the manner prescribed by law. The findings any reasons for the disposition of the appeal shall be stated on the records of the Borough Council and a copy shall be given to the appellant. Affirmative action shall authorize the subdivider to continue application from the point at which it was interrupted.
(3) 
Any person aggrieved by action of the Borough Planning Commission or Borough Council may appeal within 30 days directly to the Court of Common Pleas of Montgomery County in accordance with and in a manner prescribed by the Municipalities Planning Code, Article IX, 53 P.S. § 10901 et seq.
C. 
Challenges by any persons to the validity of this chapter or any amendments thereto shall be taken in accordance with the Municipalities Planning Code, Article VIII, 53 P.S. § 10801 et seq.
A. 
The Borough Council shall establish by resolution a collection procedure and schedule of fees to be paid by the subdivider at the time of filing a preliminary plan. Plus any additional costs. (See § 370-7C.)
B. 
The schedule of fees shall be posted in the Borough office or in such other place as the Borough Council may designate. A copy of fee schedule is to be given to the subdivider upon request.
C. 
In the event the subdivider is required to pay additional fees at the filing of the final plan, such fees shall be collected by the Borough Secretary prior to distributing the final plan. There shall be no refund or credit of any portion of the fee should the subdivider fail to apply for final approval within the required period of time or the final plan covers only a section of the subdivision for which preliminary approval has been obtained.
D. 
No final plan shall be approved unless all fees and charges have been paid in full.
[Amended 6-12-1995 by Ord. No. 95-4]
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 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.
C. 
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.
[Amended 6-12-1995 by Ord. No. 95-4]
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 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 payable until the date of the determination of a violation by the district justice. 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 district justice 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 district justice and thereafter each day that a violation continues shall constitute a separate violation.
B. 
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.
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.
D. 
District justices shall have initial jurisdiction in proceedings brought under this section.
The Borough Planning Commission and the Borough Council shall keep a record of their findings, decisions and recommendations relative to all subdivision plans filed for review. Such records shall be made available to the public for review.
The subdivider shall be responsible for observing the procedures established in this chapter and for submitting all plans and documents as may be required.