[Ord. No. 2022-04, 2/15/2022]
This part outlines the procedures for administration and enforcement
of this chapter as well as procedures for challenges and appeals of
decisions rendered under this chapter.
[Ord. No. 2022-04, 2/15/2022]
1.
The Mifflinburg Borough Council shall establish by resolution the
required subdivision and land development plan application review
fees to cover costs incurred by the Borough of Mifflinburg for reviewing
and processing applications submitted and determining compliance under
this chapter.
2.
Review fees shall include but not be limited to covering the expenses
and costs of the following:
A.
The Borough of Mifflinburg administrative and technical staff employees
involved in the review;
B.
Charges by the Borough of Mifflinburg's professional consultants,
including but not limited to expert witnesses, attorneys, engineers,
planners or other required specialists for undertaking reviews, reports,
field trips, and recommendations, including attendance at necessary
meetings and public hearings, for the preparation of any legal or
other documents required by the proposed plan, and also for the inspection
of improvements installed by the applicant;
C.
Fees charged to the Borough of Mifflinburg to cover the cost of any
review, report or recommendation or application submitted to other
appropriate agencies shall also be paid by the applicant; and
D.
Advertising, notices or other expenses incurred in the processing
of the proposed plan.
3.
An initial application fee is due at the time of plan submission
and a plan will not be accepted without the applicable review fee.
A copy of the most recent Fee Resolution is available from the Planning
Commission.
4.
Additional review fees may be required to cover the costs of additional
services in excess of the initial fees collected at the time of plan
application and may include, but not be limited to the following:
A.
Cost of preparation and advertisement of necessary legal or other
public notices or ads;
B.
Cost of required stenographic services;
C.
Cost of retaining professional advisors and consultants; and
D.
Cost of the Mifflinburg Borough Engineer and/or other special consultants
to review plans and to monitor and inspect improvements both during
and after construction.
5.
All fees shall be payable to the Borough of Mifflinburg. A copy of
the most recent Fee Resolution is available from the Commission.
6.
Applicable review fees shall be submitted at the time of plan application,
and engineering and/or consultant review or inspection fees shall
be submitted immediately upon receiving an invoice for such fees.
7.
Fees shall be reasonable, and shall include charges for staff, Borough
of Mifflinburg Engineer or other consultants necessary to review plans
and to monitor construction and inspect improvements.
8.
An applicant may dispute the amount of review and inspection fees
in accordance with the procedures for fee dispute resolution contained
in Sections 503(1) and 510(g) of the Pennsylvania Municipalities Planning
Code, Act 247 of 1968, P.L. 805, (53 P.S. § 10101 et seq.)
as from time to time reenacted and amended.
[Ord. No. 2022-04, 2/15/2022]
1.
The Mifflinburg Borough Planning Commission shall not accept new
applications for subdivision or land development proposals from applicants
with past due or unpaid fees until all such payments in arrears are
made in full including any accrued interest.
2.
The Mifflinburg Borough Planning Commission shall not approve applications
for subdivision or land development submitted by applicants with past
due or unpaid fees until all such payments in arrears are made in
full including any accrued interest.
[Ord. No. 2022-04, 2/15/2022]
1.
An applicant may request the grant of a modification by the Mifflinburg
Borough Planning Commission to any mandatory provision(s) of this
chapter.
2.
All modification requests shall be in writing on a modification request
form and shall accompany the application for subdivision or land development.
3.
All modification requests shall include the following:
4.
The Mifflinburg Borough Planning Commission shall grant modifications
if the applicant demonstrates that all of the following criteria which
apply are met:
A.
That literal compliance with the mandatory provision(s) of the Ordinance
is unreasonable or causes unique and undue hardship as it applies
to the particular land being developed or subdivided.
B.
The need for the modification is not a self-created hardship.
C.
The modification request is not based upon an economic justification.
D.
The granting of the modification will not detract from the character
of the surrounding area and will not be contrary to the public interest.
E.
The modification is the minimum necessary.
F.
The modification can be demonstrated to provide equal or better results.
5.
In granting modifications, the Commission may impose such conditions
as will, in its judgment, encourage innovative design and/or secure
substantially the objectives of the standards and requirements of
this chapter.
6.
The applicant shall note all modifications granted on the plan.
7.
Mifflinburg Borough Planning Commission staff shall not have the
authority to grant modifications to this chapter.
[Ord. No. 2022-04, 2/15/2022]
1.
Appeal of Staff Decisions. Any applicant or person aggrieved by a
finding, decision, or recommendation by staff with respect to approval
or disapproval of a plan may appeal the action to the Mifflinburg
Borough Planning Commission at its next scheduled meeting if a staff
action appeal form is filed 15 days prior to the meeting date.
2.
Appeal of Commission Decisions. Any applicant or person aggrieved
by a finding, decision, or recommendation of the Commission with respect
to the approval or disapproval of a plan or modification request may
appeal to the Union County Court of Common Pleas as provided for in
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, P.L.
805, (53 P.S. § 11001-A et seq.) as from time to time reenacted
and amended.
3.
Mediation. As an alternative to an adjudicatory appeal of a Mifflinburg
Borough Planning Commission decision, an applicant may request the
use of mediation as an aid in resolving the dispute. The Mifflinburg
Borough Planning Commission is not obligated in any manner to approve
the mediation option, and the merits of such requests shall be evaluated
on a case-by-case basis. Participation in mediation shall be wholly
voluntary by the parties, and shall not be interpreted as expanding
or limiting police powers or as modifying any principles of substantive
law. Mediation, when approved by the Mifflinburg Borough Planning
Commission, shall be conducted as follows:
A.
The parties must develop and agree to terms and conditions of funding
mediation.
B.
The selected mediator shall be agreed upon by both parties and at
a minimum shall have a working knowledge of subdivision and land development
procedures and demonstrated skills in mediation.
C.
The parties shall agree on time limits for completing mediation.
D.
The parties may negotiate and agree upon suspending time limits otherwise
authorized by this chapter and the Pennsylvania Municipalities Planning
Code, Act 247 of 1968, P.L. 805, (53 P.S. § 10101 et seq.)
as from time to time reenacted and amended.
E.
All parties with an interest in the mediation shall be identified
and afforded an opportunity to participate.
F.
Subject to legal constraints, the parties shall determine whether
some or all of the mediation sessions shall be open or closed to the
public.
G.
Parties shall assure that mediated solutions are in writing and signed
by the parties, and become subject to review and approval by the Mifflinburg
Borough Planning Commission.
H.
Parties agree that offers or statements made in the mediation sessions,
excluding the final written mediated agreement, shall be admissible
as evidence in any subsequent judicial or administrative proceeding.
[Ord. No. 2022-04, 2/15/2022]
The Mifflinburg Borough Planning Commission shall keep for the
public record a written record of all activity related to plans upon
which action is taken, including all requests for and action taken
on modification.
[Ord. No. 2022-04, 2/15/2022]
Upon presentation of proper credentials, duly authorized representatives
of the Borough of Mifflinburg and/or Mifflinburg Borough Planning
Commission may enter at reasonable times upon any property under jurisdiction
of this chapter to inspect the condition of the properties, facilities,
and improvements in regard to any aspect regulated by this chapter.
[Ord. No. 2022-04, 2/15/2022]
1.
Discovery of Violation. Upon discovery of an alleged violation of
this chapter, the Mifflinburg Borough Planning Commission shall notify
the Borough of the unlawful action and shall request that the Borough
refuse to issue any permit or grant any approval necessary to further
improve or develop the property.
2.
Written Notice. The Mifflinburg Borough Planning Commission shall
notify an applicant, developer, and/or property owner of violations
of this chapter in writing, by certified mail "return receipt requested"
or by hand-carried delivery, immediately upon being made aware of
such violations. Notices of violation issued by the Mifflinburg Borough
Planning Commission shall state the facts pertaining to the violation,
cite those provisions of this chapter in violation, specify a time
within which the violation shall be corrected in order to prevent
further enforcement action, and indicate the applicants' right
to an appeal.
3.
Cease and Desist. Any person, partnership, or corporation notified
of a violation of this chapter shall immediately cease and desist
such activity until the matter is resolved by the Mifflinburg Borough
Planning Commission's satisfaction.
[Ord. No. 2022-04, 2/15/2022]
1.
Where an application is proposed for a tract of land, portions of
which have previously been subdivided or developed in violation of
this chapter or the Borough of Mifflinburg Land Subdivision and Development
Ordinance of June 17, 1969, as amended, such application shall include
a description and plan detailing all previous lots sold or transferred
without proper approval.
2.
The Mifflinburg Borough Planning Commission reserves the right to
require that all lands subdivided or developed without proper approval
of the Mifflinburg Borough Planning Commission meet the minimum standards
of this chapter.
3.
The Mifflinburg Borough Planning Commission further reserves the
right to review, approve, or disapprove all subdivisions and land
developments already recorded in the Union County Recorder of Deeds
Office located in the Borough of Mifflinburg if such plans do not
meet the minimum requirements of this chapter, were recorded without
prior review or approval of the Commission, and/or do not meet applicable
provisions of the Pennsylvania Municipalities Planning Code, Act 247
of 1968, P.L. 805, (53 P.S. § 10101 et seq.) as from time
to time reenacted and amended.
[Ord. No. 2022-04, 2/15/2022]
1.
Authority to Initiate Court Action. In addition to other remedies
the County may institute and maintain appropriate actions in law or
equity to restrain, correct or abate violations, to prevent unlawful
construction, to recover damages, and to prevent illegal occupancy
of a building, structure or premise. 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.
As provided by Section 515.1(b) of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, P.L. 805, (53 P.S. § 10515.1(b)
et seq.) as from time to time reenacted and amended, the Mifflinburg
Borough Planning Commission 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 or the Borough of Mifflinburg
Land Development and Subdivision Ordinance of June 17, 1969, as amended.
This authority to deny such 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 had 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.
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 or the granting
of approval to any owner, current owner, vendee, or lessee for the
development of any such real property, the Mifflinburg Borough Planning
Commission may require compliance with the conditions that would have
applied to the property at the time the applicant acquired an interest
in the real property.
[Ord. No. 2022-04, 2/15/2022]
The Mifflinburg Borough Planning Commission and staff shall
have the power and authority to seek legal redress by an action for
injunction brought before the appropriate court of equity, jurisdiction
to enjoin such transfer, sale or agreement to transfer or sell, and/or
to enjoin any type of construction or improvement by an applicant
or landowner where a violation of this chapter has occurred, and to
enjoin the Register and Recorder of Deeds from the recordation of
any unapproved subdivision or land development plan or deed of sale
made in violation of this chapter.
[Ord. No. 2022-04, 2/15/2022]
1.
Any person, partnership, or corporation who or which has violated
any provision of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Borough of Mifflinburg,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the Borough of Mifflinburg as
a result thereof.
2.
No judgment shall commence or be imposed, levied, or payable until
the date of determination by a District Justice.
3.
If the defendant neither pays nor appeals the decision in a timely
manner, the Borough of Mifflinburg, by or through its agent the Mifflinburg
Borough Planning Commission, may enforce the judgment pursuant to
the applicable rules of civil procedure.
4.
Each day that a violation continues shall constitute a separate violation,
unless the District Justice or the Judge of the Union County Court
of Common Pleas, determining that there has been a violation, further
determines that there was a good faith basis for the person, partnership
or corporation violating the Ordinance to have believed that there
was no such violation. In that event, there shall be deemed to have
been only one such violation until the fifth day following the date
of determination of a violation by the District Justice or the Judge
of the Union County Court of Common Pleas, and thereafter each day
that a violation continues shall constitute a separate violation.
5.
All judgments, costs and reasonable attorney fees collected for the
violation of this chapter shall be paid to the Borough of Mifflinburg.
6.
The Union County Court of Common Pleas, upon petition, may grant
an order of stay, upon cause shown, tolling the per diem judgment
pending final adjudication of the violation and judgment.
7.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough of Mifflinburg
and its agent, the Mifflinburg Borough Planning Commission, the right
to commence any action for enforcement pursuant to this section.
