[Ord. 577, 10/2/1989]
Amendments to this Chapter shall become effective only after
a public hearing held pursuant to public notice in the manner prescribed
for enactment of a subdivision and land development ordinance by the
Pennsylvania Municipalities Planning Code. In addition, in case of
an amendment other than that prepared by the Planning Commission,
the Council shall submit each such amendment to the Planning Commission
for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment.
[Ord. 577, 10/2/1989]
The decisions of the Planning Commission with respect to the
approval or disapproval of subdivision or land development plans may
be appealed directly to court in the same manner and within the same
time limitations as is provided for zoning appeals in Article X of
the Pennsylvania Municipalities Planning Code.
[Ord. 595, 10/7/1991]
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 this Chapter. 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 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 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.
[Ord. 571, 10/2/1989; as amended by Ord. 595, 10/7/1991]
1.
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.
2.
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.
3.
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.
4.
District
justices shall have initial jurisdiction in proceedings brought under
this Section.
[Ord. 577, 10/2/1989]
1.
Should
any action or provisions of this Chapter be declared by the court
to be invalid, such decision shall not affect the validity of the
Chapter as a whole, nor the validity of any other Section or provision
of the Chapter than the one so declared.
2.
Whenever
there is a conflict between minimum standards or requirements set
forth in this Chapter and those contained in other municipal ordinances
and regulations, or other applicable laws and regulations, the most
stringent standard or requirement shall apply.
[Ord. 577, 10/2/1989]
1.
The Borough
Council shall establish, by resolution, a collection procedure and
schedule of fees to be paid by the developer at the time of filing
of the preliminary and final plans.
2.
Charges
for field inspection shall be established by the Borough Council in
order to recover Borough costs.
3.
No final
plan shall be approved unless all fees and charges are paid in full.
