A.
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 in Section
505 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10505).
In addition, in case of an amendment other than that prepared by the
Pen Argyl Planning Commission, the Pen Argyl Borough Council shall
submit each such amendment to the Pen Argyl Planning Commission for
recommendations at least 30 days prior to the date fixed for the public
hearing on such proposed amendment.
B.
At least 30 days prior to the public hearing regarding the amendment,
the amendment shall be submitted to the Lehigh Valley Planning Commission
for recommendations.
The decisions of the Pen Argyl Borough Council 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 (53 P.S. § 11001
et seq.).[1]
[1]
Editor's Note: See now 53 P.S. § 11001-a et seq.
A.
Civil remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of any subdivision or land development ordinance enacted
under this act or prior enabling laws shall, upon being found liable
therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the municipality 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
Magistrate. If the defendant neither pays nor timely appeals the judgment,
the municipality 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 Magistrate 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
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 Magistrate, 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 municipality the right
to commence any action for enforcement pursuant to this section.
B.
Additional remedies.
(1)
In addition to other remedies, the municipality 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)
Refusal to issue permits or grant approval.
(a)
A municipality 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 ordinance adopted pursuant to this chapter. This
authority to deny such a permit or approval shall apply to any of
the following applicants:
[1]
The owner of record at the time of such violation.
[2]
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.
[3]
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.
[4]
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.
(b)
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 municipality 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.
C.
It shall be unlawful for a person to undertake any regulated activity
without an approved stormwater management site plan, or unless specifically
exempted.
E.
Inspections regarding compliance with the stormwater management site
plan are a responsibility of the municipality.
Whenever there is a conflict between minimum standards or requirements
set forth in this chapter and those contained in other Borough ordinances
and regulations, or other applicable laws and regulations, the most
stringent standard or requirement shall apply.
A.
The Pen Argyl Borough Council shall establish, by resolution, a schedule
of fees to be paid by the developer at the time of filing of the sketch,
preliminary and final plans, and plans exempt from standard procedures.
B.
The applicant shall pay the subdivision fees charged according to
the adopted fee schedule. At the time of the submission, the applicant
shall deposit the amount of money specified by the fee schedule with
the Borough. No application will be accepted for consideration unless
accompanied by the required deposit. Charges and expenses will be
withdrawn from the account as they are incurred by the Borough of
Pen Argyl. The deposit shall be replenished at such time and in such
manner as is set forth in the fee schedule. No plan shall be approved
unless all fees are paid in full. Any amounts which were deposited
in excess of the charges and expenses recorded shall be returned to
the applicant following action on the proposal.
C.
The municipality may include all costs incurred in the review fee
charged to an applicant. The review fee may include, but not limited
to, costs for the following: administrative/clerical processing, review
of the SWM site plan, attendance at meetings, inspections.
The Pen Argyl Borough Council may grant a modification to the
requirements of one or more provisions of this chapter 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 is met. All requests for modifications shall
be in writing and shall accompany and be a part of the application
for development. The requests shall state in full, the grounds and
facts of unreasonableness or hardship on which the request is based,
the provision or provisions of the chapter involved and the minimum
modification necessary.
A.
Right of entry.
(1)
Upon presentation of proper credentials, the municipality or its
designated agent may enter at reasonable times upon any property within
the municipality to investigate, inspect the condition of the stormwater
structures and facilities, or to ascertain the condition of the subject
property in regard to any aspect regulated by this chapter.
B.
Inspection of SWM BMPs.
(1)
The landowner or the owner's designee (including the municipality
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
(2)
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the municipality
within 30 days following completion of the inspection.
A.
Any approval or permit issued by the municipality pursuant to this
chapter may be suspended or revoked for:
(1)
Noncompliance with or failure to implement any provision of the approved
SWM site plan or O&M agreement.
(2)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
C.
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
D.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to connect the violation. In these
cases, the municipality will provide the owner, or the owner's
designee, with a written notice of the violation and the time period
allowed for the owner to correct the violation. If the owner does
not correct the violation within the allowed time period, the municipality
may revoke or suspend any, or all, applicable approvals and permits
pertaining to any provision of this chapter.
A.
Anyone violating the provisions of this chapter shall be guilty of
a summary offense, and upon conviction, shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense
and penalties shall be cumulative.
B.
In addition, the municipality may institute injunctive, mandamus,
or any other appropriate action or proceeding at law or in equity
for the enforcement of this chapter. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
