The provisions of this a rticle are intended to permit and encourage
innovations in residential development through permitting a greater
variety, type, design, and layout of dwellings; and by allowing the
development of well-planned, higher density, residential neighborhoods
or groups of residences on sites larger than normal building lots.
To give the site planner maximum freedom, more intensive use of land
may be permitted, and the coverage, height, setback and other requirements
may be varied under circumstances which will ensure more imaginative
use of a building site than can be achieved under the standard regulations
of this chapter. This provision is intended to encourage a more efficient
use of open space, and public services. This development may contain
individual single-family to multifamily dwellings, and common property
which is planned and developed as a unit.
Pursuant to Section 702 of the Pennsylvania Municipalities Planning
Code, Act 247, as amended,[1] the authority to approve or disapprove applications and
plans for a planned residential development is vested with the governing
body. The Nanticoke City Council hereby retains such authority. The
City Council grants City of Nanticoke Planning Commission to act in
an advisory capacity to review and to provide comment to the Council
when considering a planned residential development. Review and comment
shall also be required by the Luzerne County Planning Commission under
the same procedures applicable to a subdivision and/or land development.
[1]
Editor's Note: See 53 P.S. § 10702.
The following methodology shall be applicable to determine area
requirements within this article:
A.
Gross area. All land within a parcel, based upon the
existing deed, proposed to be developed as a PRD.
B.
Net area available for development. The gross area
minus the sum of all environmentally constrained land or other areas
as listed below:
(1)
Floodplains;
(2)
Wetlands that cannot be reasonably incorporated
into usable common open space;
(3)
Natural bodies of water including ponds, creeks,
streams, or lakes;
(4)
Existing public or private street;
(5)
Utility rights-of-way, both subsurface and overhead,
that cannot be reasonably incorporated into usable common open space;
(6)
Rock outcrops;
(7)
Slopes which equal or exceed 25%; and
(8)
Any other area which contain sensitive environmental
features that may not be suitable for development.
C.
Net residential area. The "net area available for development"
minus required open space.
D.
Common open space. Not less than 20% of "net area available
for development" shall be designated, designed and devoted to common
open space for the use and enjoyment of the residents therein.
E.
Residential density. The permitted maximum residential
density for the net residential area of a PRD shall be as follows:
|
Zoning District
|
Minimum Lot Area of District
|
Maximum Density for PRD1
|
|---|---|---|
|
R-1
|
8,500 square feet
|
One unit per each 8,500 square feet
|
|
R-2
|
Varies based on type of unit2
|
One unit per each 6,500 square feet
|
|
R-3
|
Varies based on type of unit3
|
One unit per each 5,000 square feet
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Maximum density based upon central sewage and a potable water
supply provided by a centralized water system; otherwise the maximum
density shall be increased to one unit per acre.
| |
|
2
|
a.
|
6,000 square feet for a single-family detached residential dwelling.
|
|
b.
|
7,000 square feet for a structure designed as two-family residential
dwelling.
| |
|
3
|
a.
|
5,000 square feet for a single-family detached residential dwelling.
|
|
b.
|
6,000 square feet for a structure designed as two-family residential
dwelling.
| |
|
c.
|
6,000 square feet for the first two units and 2,500 square feet
for each additional dwelling unit for any type of residential structure
with three or more dwelling units, excluding townhouses and/or garden
apartments.
| |
All planned residential developments shall be subject to the
following:
A.
Minimum tract area. A planned residential development
shall have a gross land area of not less than 10 acres.
B.
Distance between buildings. No buildings or structure,
including porches, decks or balconies, shall be less than 30 feet
to any other building or structure.
C.
Setback requirements.
(1)
The minimum front, side and rear setbacks for
a planned residential development shall each be not less than 50 feet
to the property lines of adjoining properties. A planting strip of
not less than 20 feet in width shall be along all property lines at
the periphery of the development where necessary to preserve the privacy
of neighboring residents.
(2)
Land adjacent to a lake, pond, stream, wetlands,
or watercourse shall remain as permanent open space for a distance
of not less than 100 feet from the water's edge, unless superseded
by more restrictive standards.
D.
Maximum building height. No structures within a PRD
shall exceed three stories, with a maximum height not to exceed 45
feet.
A.
Ownership of property.
(1)
The tract of land for a PRD may be owned, leased
or controlled either by a single person, or corporation or a group
of individuals or corporations. An application must be filed by the
owner or jointly by owners of all property included in the project.
In the case of multiple ownership, the approved plan shall be binding
on all owners.
(2)
When common property exists, the ownership of
such common property may be either public or private. When common
property exists in private ownership, satisfactory arrangements must
be made for the improvements, operation and maintenance of common
property and facilities including private streets, drives, service
and parking areas and recreational and open space areas.
B.
Maintenance of common property.
(1)
In the event that the organization established
to own and maintain the common property, or any successor organization,
fails to maintain such property in reasonable order, the City Council
may serve written notice upon such organization or upon the residents
and owners of the development setting forth the manner in which the
organization has failed to maintain the common property in reasonable
condition. Said notice shall include a demand that such deficiencies
of maintenance be cured within 30 days thereof, and shall state the
date and place of a hearing thereon which shall be held within 14
days of the notice.
(2)
At such hearing, the City may modify the terms
of the original notice as to the deficiencies and may give an extension
of time within which they shall be cured. If the deficiencies set
forth in the original notice or in the modifications thereof shall
not be cured within 30 days or any extension thereof, the City, in
order to preserve the taxable values of the properties within the
development and to prevent the common property from becoming a public
nuisance, may enter upon said common open space and maintain the same
for a period of one year. Said entry and maintenance shall not vest
in the public any rights to use the common open space except when
the same is voluntarily dedicated to the public by the residents and
owners. Before the expiration of said year, the City shall, upon its
initiative or upon the request of the organization theretofore responsible
for the maintenance of the common property, call a public hearing
upon notice to such organization, or to the residents and owners of
the development to be held by the City, at which hearing such organization
or the residents and owners of the development shall show cause why
such maintenance by the Town shall not, at the election of the City,
continue for a succeeding year.
(3)
If the City shall determine that such organization
is ready and able to maintain said common property in a reasonable
condition, it shall cease to maintain said common property at the
end of said year. If the City shall determine such organization is
not ready and able to maintain said common property in a reasonable
condition, the City may, at its discretion, continue to maintain said
common property during the next succeeding year, subject to a similar
hearing and determination in each year thereafter.
(4)
The cost of such maintenance by the City shall
be assessed ratably against the properties within the planned residential
development that have a right of enjoyment of the common open space,
and shall become a lien on said properties. The municipality at the
time of entering upon said common open space for the purpose of maintenance
shall file a notice of lien in the office of the prothonotary of the
county, upon the properties affected by the lien within the planned
residential development.
(5)
The decision of the Council shall be subject
to appeal to court in the same manner, and within the same time limitation,
as is provided for zoning appeals as provided for under the Pennsylvania
Municipalities Planning Code, Act 247, as amended.
A planned residential development shall be subject to the following
standards and regulations:
A.
Requirements for improvements and design. All improvements,
including, but not limited to, streets, curbing, sidewalks, stormwater
detention facilities, drainage facilities, water supply facilities,
sewage disposal, street lighting, tree lawns, etc., unless otherwise
exempted, shall be designed and constructed in conformance with the
standards and requirements of the City of Nanticoke Subdivision and
Land Development Ordinance.[1]
B.
Sewage disposal. Disposal of sanitary sewage shall
be by means of centralized sewers and shall conform to the design
standards of the City of Nanticoke Subdivision and Land Development
Ordinance. The proposed sewage collection system and treatment facility
shall require DEP approval as a prerequisite and/or condition to tentative
approval of a development plan.
C.
Water supply. The water supply shall be off-site system
supplied by a certified public utility, a bona fide cooperative association
of lot owners, or by a municipal corporation, authority or utility.
A copy of a certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement or a commitment or agreement to serve the
planned residential development in question shall be required. Whichever
form is appropriate shall be considered as acceptable evidence.
A planned residential development may be constructed in phases
subject to the following:
A.
The application for tentative approval shall cover
the entire area to be developed with a schedule delineating all proposed
phases, as well as the dates by which applications for final approval
of each phase shall be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary date of the approval
of the development plan, until all phases are completed and granted
final approval by the Council. Any modification in the aforesaid schedule
shall be subject to approval of the Council in its discretion.
B.
Not less than 15% of the total number of dwelling units
to be constructed shall be included in the first phase.
C.
The second and any subsequent phases shall be completed
in accordance with the tentatively approved plan, with each phase
containing not less than 15% of the total number of dwelling units.
D.
The Council may impose further conditions upon the
filing of any phase of a development plan, as it may deem necessary
to assure the orderly development of the plan and/or to protect the
public health, safety and welfare.
To further the mutual interest of the residents of the planned
residential development and of the public in the preservation of the
integrity of the development plan, as finally approved, and to insure
that modifications, if any, in the development plan shall not impair
the reasonable reliance of said residents upon the provisions of the
development plan, nor result in changes that would adversely affect
the public interest, the enforcement and modifications of the provisions
of the development as finally approved, whether those are recorded
by plat, covenant, easement or otherwise, shall be subject to the
following:
A.
Provisions of the development plan relating to the
use, bulk and location of buildings and structures; the quantity and
location of common open space, except as otherwise provided herein;
and the intensity of use or the density of residential units shall
run in favor of the City and shall be enforceable in law or in equity
by the City, without limitation on any powers of regulation otherwise
granted the City by law.
B.
All provisions of the development plan shall run in
favor of the residents of the planned residential development, but
only to the extent expressly provided in the development plan and
in accordance with the terms of the development plan, and to that
extent said provisions, whether recorded by plat, covenant, easement
or otherwise, may be enforced at law or in equity by said residents
acting individually, jointly or through an organization designated
in the development plan to act on their behalf; provided, however,
that no provisions of the development plan shall be implied to exist
in favor of residents of the planned residential development except
as to those portions of the development plan which have been finally
approved and have been recorded.
C.
All those provisions of the development plan authorized
to be enforced by the City under this section may be modified, removed
or released by the City, except grants of easements relating to the
service or equipment of a public utility, subject to the following
conditions:
(1)
No such modification, removal or release of the
provisions of the development plan by the City shall affect the rights
of the residents of the planned residential development to maintain
and enforce those provisions, at law or in equity, as provided in
this section.
(2)
No modification, removal or release of the provisions
of the development plan by the City shall be permitted except upon
a finding by the Council, following a public hearing pursuant to public
notice, called and held in accordance with the provisions of this
section, that the same is consistent with the efficient development
and preservation of the entire planned residential development, does
not adversely affect either the enjoyment of land abutting upon or
across the street from the planned residential development or public
interest, and is not granted solely to confer a special benefit upon
any person.
D.
Residents of the planned residential development may,
to the extent and in the manner expressly authorized by the provisions
of the development plan, modify, remove or release their rights to
enforce the provisions of the development plan, but no such action
shall affect the right of the City to enforce the provisions of the
development plan in accordance with the provisions of this section.
The application for approval, tentative and final, of a planned
residential development as provided for by this chapter, shall be
in lieu of all other procedures or approvals otherwise required by
the Zoning Ordinance and Subdivision and Land Development Ordinance
of the City, except where specifically indicated. The procedures herein
described for approval or disapproval of a development plan for a
planned residential development and the continuing administration
thereof are established in the public interests in order to provide
an expeditious method for processing a development plan for a planned
residential development and to avoid the delay and uncertainty which
would arise if it were necessary to secure approval, by a multiplicity
of local procedures, of a plat of subdivision as well as approval
of a change in the zoning regulations otherwise applicable to the
property. An application for tentative approval shall be consistent
with the following:
A.
Informal consultation. The landowner and Council may
consult informally at a public meeting or work session concerning
the proposed planned residential development prior to the filing of
an application for tentative approval, provided that no statement
or representation by a member of the Council shall be binding upon
the Council as a whole. The informal consultation is intended to allow
the landowner and City officials to exchange comments and discuss
issues which may be of particular significance to the site.
B.
Application and fee. An application for tentative approval
shall be filed by or on behalf of the landowner with the Zoning Officer.
An application fee of $500, plus $75 per housing unit, based upon
total number of proposed housing units, shall be paid upon filing
the required application.
C.
Relationship to planning, zoning and subdivision. All
planning, zoning and subdivision matters relating to the platting,
use and development of the planned residential development and subsequent
modifications of the regulations relating thereto, to the extent such
modification is vested in the City, shall be determined and established
by the City Council.
D.
Required documentation.
(1)
The application for tentative approval shall
include documentation illustrating compliance with all of the standards
for a planned residential development and, where necessary, the City
shall order such documentation to aid them in their review.
(2)
An original and 10 copies of the application
shall be submitted along with 20 copies of each of the following:
(a)
Any required study and/or report, prepared as
an impact analysis, which may be required at the discretion of the
Council. A determination of the need for any such study and/or report
may be made at the time of the informal consultation or during the
public hearing for consideration of tentative approval of the development
plan.
(b)
The development plan for the entire site, in
addition to all other requirements, shall include information and
documentation noted herein:
[1]
The location, size and topography
of the site and the legal nature of the landowner's interest in the
land proposed to be developed.
[2]
The density of land use to be allocated
to parts and/or phases of the site to be developed.
[3]
The location and size of common
open space and the form of organization proposed to own and maintain
the common open space.
[4]
The use and height, bulk and location
of buildings and other structures.
[5]
The means and feasibility of proposals
for the disposition of sanitary waste and storm water.
[6]
The substance of covenants, grants
or easement or other restrictions proposed to be imposed upon the
use of the land, buildings and structures including proposed easements
or grants for public utilities.
[7]
Provisions for parking of vehicles
and the location and width of proposed streets and any other form
of public rights-of-way, excluding common open space.
[8]
The required modifications in the
City land use regulations as contained within the City's Zoning Ordinance
and Subdivision and Land Development Ordinance, otherwise applicable
to the subject property.
[9]
The feasibility of proposals for
energy conservation and the effective utilization of renewable energy
sources.
[10]
In the case of development plans,
which call for development over a period of years, a schedule showing
the proposed timetable within which applications for final approval
of all phases of the planned residential development are intended
to filed. This schedule must be updated annually, on the anniversary
of its approval, until the development is completed and accepted.
[11]
A plan map at a scale of not greater
than one inch equals 50 feet, with contours for each two feet change
in elevation. A location map shall also be provided at a scale of
not greater than one inch equals 2,000 feet, indicating the relation
of the site to its geographic proximity within the City. The drafting
standards applicable for a major subdivision and/or land development,
as provided for within the City of Nanticoke Subdivision and Land
Development Ordinance,[1] shall apply.
E.
Statement of landowner. The application shall also
include a written statement by the landowner setting forth the reasons
why, in his opinion, the planned residential development would be
in the public interest and consistent with the Comprehensive Plan
of the City of Nanticoke, including any subject amendments to said
plan.
F.
Application and approval procedures in lieu of others.
The application for tentative and final approval of a development
plan for a planned residential development prescribed herein shall
be in lieu of all other procedures and approvals required by the Zoning
Ordinance and Subdivision and Land Development Ordinance of the City,
unless otherwise expressly stated.
G.
Referrals and review of plan. The application for tentative
approval shall be filed with the Zoning Officer, who shall be authorized
to accept such applications under the Zoning Ordinance. Copies of
the application and tentative plan shall be referred to the agencies
and officials as required by the City's Subdivision and Land Development
Ordinance for their review and comment. Said reports shall be available
prior the public hearing.
A.
Within 60 days after the filing of an application for
tentative approval of a planned residential development pursuant to
this article, a public hearing pursuant to public notice on said application
shall be held by the City Council in the manner prescribed in the
ordinance for the enactment of an amendment to the Zoning Ordinance.
B.
The chairman or in his absence, the acting chairman,
of the City Council, may administer oaths and compel the attendants
of witnesses. All testimony by witnesses shall be given under oath
and every party of record at a hearing shall have the right to cross-examine
adverse witnesses.
C.
A verbatim record of the hearing shall be provided
by the City Council whenever such records are requested by any party
to the proceedings, with the cost of making and transcribing such
a record shall be paid by those parties wishing to obtain such copies.
All exhibits accepted as evidence shall be properly identified and
the reason for any exclusion shall be clearly noted in the record.
D.
The City Council may continue the public hearing as
required provided that in any event, the public hearing or hearings
shall be concluded within 60 days following the date of the first
public hearing.
A.
The City Council, within 60 days following the conclusion
of the public hearing, or within 180 days after the date of filing
the application, whichever occurs first, shall by official written
communication to the landowner, either:
B.
Failure to act within the prescribed time period shall
be deemed to be a grant of tentative approval of the development plan
as submitted. In the event, that tentative approval is granted subject
to conditions, the landowner may, within 30 days after receiving a
copy of the official written communication of the City Council, notify
said Board of his refusal to accept all said conditions, in which
case the City Council shall be deemed to have denied tentative approval
of the development plan. In the event the landowner does not notify
the City Council of his refusal to accept all said conditions within
30 days after receiving a copy of the official written communication
of the City Council, tentative approval of the development plan, with
all said conditions, shall stand as granted.
C.
The grant or denial of tentative approval by official
written communication shall include not only conclusions, but also
findings of fact related to the specific proposal and shall set forth
the reasons for the denial, and said communication shall set forth
particulars in what respect the development plan would or would not
be in the public interest including but not limited to findings of
facts and conclusions based upon the following:
(1)
Those respects in which the development plan
is or is not consistent with the Comprehensive Plan, including any
amendments thereto, for the development of the City.
(2)
The extent to which the development plan departs
from zoning and subdivision regulations otherwise applicable to the
subject property, including but not limited to density, bulk and use
and the reasons why such departures are or are not deemed to be in
the public interest.
(3)
The purpose, locations and amount of common open
space in the planned residential development, the reliability of the
proposals for maintenance and conservation of the common open space
and the adequacy or inadequacy of the amount and purpose of the common
open space as related to the proposed density and type of residential
development.
(4)
The physical design of the development plan and
the manner in which said design does or does not make adequate provisions
for public services, (including but not limited to sewage, water and
stormwater runoff) provide adequate control for vehicular traffic,
and further the amenities of light and air, recreation and visual
enjoyment.
(5)
The relationship, beneficial or adverse, of the
proposed planned residential development to the neighborhood or area
of the City in which it is proposed to be established.
(6)
In the case of a development plan which proposes
development over a period of years, the sufficiency of the terms and
conditions intended to protect the interest of the public and of the
residents of the planned residential development in the integrity
of the development plan.
D.
In the event a development plan is granted tentative
approval, with or without conditions, the City Council may set forth
in the official written communication the time within which an application
for final approval of the development plan shall be filed or, in the
case of a development plan which provides for development over a period
of years, the periods of time within which applications for final
approval of each part or phase thereof shall be filed. Except upon
the consent of the landowner, the time so established between grant
of tentative approval and an application for final approval shall
not be less than 90 days. In the case of development plans which extend
over a period of years, the time between applications for final approval
of each part of the plan shall not be less than one year.
A.
The official written communication provided for in
this article shall be certified by the City Secretary and filed in
his/her office; a certified copy shall be mailed to the landowner.
Where tentative approval has been granted, it shall be deemed as an
amendment to the Zoning Map, effective and so noted upon the Zoning
Map upon final approval.
B.
Tentative approval of a development plan shall not
qualify a plan of the planned residential development for recording
nor authorize development or the issuance of any zoning permit. A
development plan, which has been given tentative approval with conditions
which have been accepted by the landowner (and provided that the landowner
has not defaulted nor violated any of the conditions of the tentative
approval), shall not be modified or revoked nor otherwise impaired
by action of the City pending the application or applications for
final approval, without the consent of the landowner, provided an
application for final approval is filed or, in the case of development
over a period of years, provided applications are filed within the
periods of time specified in the official written communication granting
tentative approval.
C.
In the event that a development plan is given tentative
approval and thereafter, but prior to the final approval, the landowner
shall elect to abandon said development plan and shall so notify the
City Council in writing, or in the event the landowner shall fail
to file application or applications for final approval within the
required period of time or times, as the case may be, the tentative
approval shall be deemed to be revoked and all that portion of the
area included in the development for which final approval has not
been given shall be subject to those City land use ordinances otherwise
applicable thereto. The same shall be noted on the Zoning Map and
in the records of the City Clerk.
A.
An application for final approval may be for all of
the land included in a development plan or, to the extent set forth
in the tentative approval, a section thereof. Said application shall
be made through the Zoning Officer for review by the City Council
and subject to approval by the City Council within the time or times
specified by the official written communication granting tentative
approval. If the application for final approval is in compliance with
the tentatively approved development plan, a public hearing shall
not be required.
B.
The application shall include all drawings, specifications
for required improvements, covenants, easements, a financial guarantee
and all other such requirements as specified within the City of Nanticoke
Subdivision and Land Development Ordinance,[1] as well as any conditions set forth in the official written
communication granting tentative approval.
C.
In the event that the application for final approval
has been filed, together with all drawings, specifications and other
documents in support thereof, and as required by the ordinance and
the official written communication of tentative approval, the City
Council shall, within 45 days of such filing, grant such development
plan final approval.
D.
In the event the development plan as submitted contains
variations from the development plan given tentative approval, the
City Council may refuse to grant final approval and shall, within
45 days from the filing of the application for final approval, so
advise the landowner in writing of said refusal, setting forth in
said notice the reasons why one or more said variations are objectionable
and not in the public interest.
E.
In the event of such refusal the landowner may either:
F.
If the landowner wishes to take either of such alternate
action, he may do so at any time within which he shall be entitled
to apply for final approval, or within 30 additional days if the time
for applying for final approval shall have already passed at the time
when the landowner was advised that the development plan was not in
substantial compliance. In the event the landowner shall fail to take
either of these alternate actions within said time, he/she shall be
deemed to have abandoned the development plan.
G.
Any such public hearing shall be held pursuant to public
notice within 30 days after the request for the hearing is made in
writing by the landowner. The hearing shall be conducted in the manner
prescribed in this chapter for public hearings on applications for
tentative approval. Within 30 days after the conclusion of the public
hearing, the City Council shall, by official written communication,
either grant final approval to the development plan or deny final
approval.
H.
The grant or denial of final approval of the development
plan shall, in cases arising under this section, be in the form and
contain findings required for an application for tentative approval
as set forth in this article.
I.
A development plan, or any part thereof, which has
been given final approval shall be so signed and certified without
delay by the City Council. Said development plan shall be filed of
record forthwith in the Office of the Recorder of Deeds of Luzerne
County before any development shall take place in accordance therewith.
Upon filing of record of the development plan, the zoning and subdivision
regulations otherwise applicable to the land included in such plan
shall cease to apply thereto. Pending completion in accordance with
the time provisions as provided for within the City of Nanticoke Subdivision
and Land Development Ordinance, said planned residential development
or part thereof, as the case may be, that has been finally approved,
no modification of the provisions of said development plan, or part
thereof, as finally approved, shall be made except with the consent
of the landowner. Upon approval of a final plat the developer shall
record the plat within 90 days from the date of approval and post
a financial security in accordance with the City of Nanticoke Subdivision
and Land Development Ordinance.
J.
In the event that a development plan, or section thereof,
is given final approval and thereafter the landowner shall abandon
such plan or section thereof that has been finally approved, and shall
so notify the City Council in writing; or in the event the landowner
shall fail to commence and carry out the planned residential development
in accordance with the time provisions as provided within the City
of Nanticoke Subdivision and Land Development Ordinance, after final
approval has been granted, no development or further development shall
take place on the property included in the development plan until
after the said property is resubdivided and is reclassified by enactment
of an amendment to the City Zoning Ordinance in the manner prescribed
for such amendments by this chapter.
A.
Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under Subsection B, Legal remedies.
B.
Legal remedies.
(1)
Any person, partnership or corporation who or
which has violated the planned residential development provisions
of this chapter shall, upon being found liable in a civil enforcement
proceedings commenced by City of Nanticoke or the Zoning Officer,
shall pay a judgment of not more than $500, plus all court costs,
including reasonable attorney fees incurred by the City of Nanticoke
as a result of said proceedings. 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, City of Nanticoke 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 has been a good faith basis for the
person, partnership or corporation violating this chapter to have
believed that there was no such violation. In such cases, 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. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to City of Nanticoke.
(2)
The Court of Common Pleas, upon petition, may
grant an order of stay, upon cause shown, tolling the per diem fine
pending a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than City of Nanticoke
the right to commence any action for enforcement pursuant to this
section.
