The Planning Commission of the City of Hazleton shall be charged with the responsibility for the administration of this chapter.
It shall be the duty of the Planning Commission or other such duly authorized representative of the Commission and said Planning Commission is hereby given the power and authority to enforce the provisions of this chapter. The enforcement officer shall require that the application for a building permit contain all information necessary to enable him to ascertain whether the proposed building, alteration or use is located in an approved land development. No building permit shall be issued until the enforcement officer has certified that the site for the proposed building, alteration or use complies with all the provisions of this chapter and conforms to the site description as indicated on the approved and recorded final plan.
A.
No lot in a land development shall be sold, rented, leased or conveyed in any manner, no permit to erect, alter or repair any building upon land in a land development shall be issued and no building shall be created in a land development until a final plan of such land development has been approved and property recorded and until improvements have either been constructed or guaranteed.
B.
Any person, copartnership or corporation who shall develop any lot, tract or parcel of land or lay out, construct, open or dedicate any street, sanitary sewer, storm sewer or water mains for public use or travel or for the common use of occupants of buildings abutting thereon or who shall sell, rent, lease or convey in any manner any lot or erect any building in a land development without first having complied with the provisions of this chapter shall be guilty of a misdemeanor.
C.
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 City of Hazleton, pay a judgment of not more that $500 plus all court costs, including reasonable attorney fees, incurred by the City 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 Magisterial District Judge. If the defendant neither pays or timely appeals the judgment, the City 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.
D.
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.
E.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the City to the right to commence any action for enforcement pursuant to this section.
At the time of filing of the plan, whether preliminary or final, the developer shall pay to the City the required plan fee as follows:
A.
Preliminary plan. A filing fee, plus a fee per lot or dwelling unit for residential development and a fee per acre for other types of development.
B.
Final plan.
(1)
A filing fee, plus an amount determined by the Commission sufficient to cover the reasonable cost of:
(a)
Reviewing the development plan engineering details.
(b)
Inspecting the site for conformance of survey.
(c)
Preparing cost estimates of required improvements.
(d)
Inspection of required improvements during installation.
(e)
Final inspection on completion of installation of required improvements.
(f)
Administrative and legal services necessary for the processing of the proposed land development plan.
(2)
Any engineering, legal and administrative costs in excess of the amount submitted prior to approval of the final plan shall be paid by the developer upon being notified of same by the City Solicitor. Any excess paid over the amount actually required to cover such costs of the final plan shall be returned to the developer upon the completion of the required improvement.
C.
All fees shall be payable at the time of filing in the form of a check or money order payable to City of Hazleton.
D.
No final plan shall be approved until all fees and charges are paid in full.
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 regulation, the provisions of this chapter shall prevail. When provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.
The Planning Commission may, on its own motion, recommend to City Council a supplement or repeal of any portion of this chapter. Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice. In addition, in case of an amendment other than that prepared by the City Planning Commission, the amendment shall be submitted to the Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
[1]
Editor's Note: See also the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10504 and 10505.
A.
The regulations embodied in this chapter are the minimum standards for the protection of the public welfare. When special circumstances warrant, the City may impose stricter standards.
B.
Where a provision of this chapter would cause unique and undue hardship as it applies to a particular property, the Commission may grant a modification from the strict application of the terms of this chapter if the variation will not be detrimental to the general welfare, nullify the objectives of these regulations or conflict with the Comprehensive Plan. In granting the modification, the Commission may impose conditions which will substantially secure compliance with the purposes of this chapter.
C.
The City Planning Commission shall have the right to make 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. The Commissioners may then alter the land development plans and specify changes or modifications.
Wherever there exists a difference between the minimum standards and/or dimensions specified herein and those contained in Chapter 575, Zoning, or other official regulation, the highest standard shall apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The procedures for securing review of any ordinance, decision or determination is set forth in Articles IX and X-A of the Pennsylvania Municipalities Planning Code, Act 170 of December 21, 1988, P.L. 170, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10901 and 11001-A et seq., respectively.
This chapter may be amended, revised and/or modified from time to time as prescribed by local and state laws.
The Commission shall keep a complete record of its findings, decisions and recommendations relative to all subdivision plans filed with the Commission for its review.