It is the intent of this article to identify the regulations regarding the administration of this chapter as granted by the Pennsylvania Municipalities Planning Code, Act 247.
A.
Every applicant shall, at the time of submitting an application for a subdivision or land development plan, pay a review escrow deposit from which all costs of processing and reviewing the plans will be paid. The applicant will be furnished with an itemized statement of such costs after action by the Borough, and any excess over actual costs shall become a part, if applicable, of the improvements escrow deposit required in § 375-62E, below; otherwise the excess will be refunded. If actual costs exceed the review escrow deposit, additional review escrow deposits shall be required;
B.
Amounts of the application fee and review escrow deposit shall be fixed by the Borough Council by resolution;
C.
Every applicant shall, as part of the plan application, agree to pay to the Borough of Avondale such fees and expenses as said Borough may be required to incur for the services of the engineer and/or inspector in investigation, test, and advising the Borough in relation to the acceptance of public improvements. No application shall be considered complete until the appropriate application fee has been submitted to the Borough, and the ninety-day review time period shall not commence until the next regularly scheduled Planning Commission meeting following complete application submittal;
D.
No plan shall be approved unless and until all fees and charges have been paid in full. Failure to submit all required review escrow deposits within 30 days of complete application submission shall constitute good and sufficient grounds for the rejection of the plan received. Such fees and charges shall constitute a lien against the property, and the Borough shall have the authority to collect all fees and charges provided for herein.
E.
Improvements escrow.
(1)
Following final plan approval and establishment of any required performance fee, a improvements escrow deposit shall be established to cover the cost of inspection of improvements construction; materials or site testing; or maintenance costs prior to the acceptance of improvements by the Borough. The applicant will be furnished with an itemized statement of such costs after action by the Borough, and any excess over actual costs shall be returned to the applicant upon completion of all agreed upon improvements. If actual costs exceed improvements escrow deposit, additional improvements escrow deposits shall be required;
(2)
The amount of the improvements escrow deposit shall be fixed by resolution of the Borough Council; and
(3)
The improvements escrow may be waived by the Borough Council upon recommendation of the Planning Commission where the proposed development proposes no construction or installation of any public improvements.
A.
The 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 are 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 shall be referred to the Planning Commission for advisory comments; and
D.
The Borough Council shall keep a written record of all action on all requests for modifications.
A.
Preventative remedies.
(1)
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;
(2)
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 any adopted ordinance. This authority to deny such a 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 as to whether such vendee or lessee has actual or constructive knowledge of the violation;
(c)
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; or
(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 or constructive knowledge of the violation.
(3)
As an additional condition for issuance of a permit of 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.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable in a civil enforcement proceeding commenced by the Borough, pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof;
(2)
No judgement shall commence or be imposed, levied, or be payable until the date of the determination of a violation by the Magisterial District Judge;
(3)
If the defendant neither pays nor timely appeals the judgement, the Borough may enforce the judgement pursuant to the applicable rules of civil procedures:
(a)
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; and
(b)
In the event the aforementioned, there shall be deemed to be 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.
(4)
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgement pending a final adjudication of the violation and judgement; and
(5)
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.
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 applicant shall be responsible for observing the procedures established in this chapter and for submitting all plans and documents as may be required.
A.
The Borough Council may from time to time on its own motion revise, modify, or amend this chapter in order to increase their effectiveness or to expedite the approval of subdivision plans.
B.
Any revisions, modifications, or amendments to this chapter shall be made in accordance with the procedures of Act 247, as amended, after a public hearing on the proposed revisions, modifications, or amendments.