[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.