The purpose of this article is to establish the procedures for the amendment, administration, and enforcement of this chapter.
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice in the manner prescribed in the MPC.
A.
Intent. The provisions of this chapter are intended as a minimum standard for the protection of the public health, safety, and welfare. If the literal compliance with any mandatory provision of these regulations is shown by the applicant, to the satisfaction of the Borough Council, to be unreasonable or to cause undue hardship as it applies to a particular property; or, if the applicant shows that an alternative proposal will allow for equal or better results, the Borough Council may grant a waiver or modification from such mandatory provision so that substantial justice may be done and the public interest secured while permitting the reasonable use of the property. However, the granting of a waiver/modification shall not have the effect of making null and void the intent and purpose of this chapter.
B.
Conditions. In granting waivers/modifications, the Borough Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
C.
Procedure. All requests for waivers/modifications shall be in writing, shall accompany and be made a part of the development application, and shall include:
D.
Planning Commission review. The Planning Commission shall review all waiver/modification requests in conjunction with the development application and make a specific recommendation to the Borough Council.
E.
Action.
(1)
If the Borough Council denies the request, record of the waiver/modification shall be included in the minutes of the meeting at which the waiver/modification was denied.
(2)
If the Borough Council grants the request, the final record plan shall include a note which identifies the waiver/modification as granted.
(3)
In any case, the Borough Council shall keep a written record of all actions on all requests for waivers/modifications.
A.
Preventive remedies.
(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.
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.
(3)
In the event that any applicant or owner of any property fails to obtain the proper sewage permit for any required on-site sewage disposal system, or takes such action or causes any action which results in the revocation of any sewage permit by the Borough Sewage Enforcement Officer, the Borough shall have the authority to withhold the issuance of any certificate of use for any structure on the said property and/or to take any appropriate actions by law or in equity to prohibit the occupancy of any such structure.
B.
Enforcement remedies.
(1)
Any person, partnership, or corporation who or which has violated the provisions of this chapter or prior enabling laws shall, upon being found liable for the violation in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney, witness, and consultant 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 Magisterial Judge. 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 Magisterial Judge 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 initial determination of a violation by the District Magisterial Judge 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, including, but not limited to, injunctive relief.
C.
Jurisdiction. District Magisterial Judges shall have initial jurisdiction in proceedings brought under § 390-88B.
D.
Transfer. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
E.
Construction. In the case of subdivisions, no person shall proceed with any development, site grading or construction of improvements prior to the approval of a preliminary plan in accord with this chapter. In the case of land developments, no person shall proceed with any development, site grading or construction of improvements prior to the authorization to proceed issued in accord with § 390-21J. No deeds shall be executed or recorded for the transfer of any lots or units before the Borough has approved the final plan and such plan is filed with the Carbon County Recorder of Deeds.
A.
Establishment of fees. Fees to be paid by the applicant shall be established by resolution of the Borough Council to cover all costs incurred by the Borough associated with the processing and review of all plans and documents and all plan and document revisions. Such costs may include, but not be limited to, Borough administrative costs and the reasonable and necessary charges by the Borough's professional consultants as defined and authorized by § 503(1) and § 510(g) of the Pennsylvania Municipalities Planning Code. Professional consultants, shall include, but shall not be limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects, and planners.
B.
Application fees. At the time of the filing of any application, the applicant shall pay to the Borough a fee sufficient to cover the administrative costs associated with the review of the application.
C.
Review and inspection fees.
(1)
At the time of the filing of any application, the applicant shall pay to the Borough a fee deemed by the Borough sufficient to cover the cost of:
(a)
Reviewing compliance with ordinance and engineering details.
(b)
Inspecting the site for conformance.
(c)
Evaluating cost estimates of required improvements.
(d)
Inspection of required improvements during installation.
(e)
Final inspection or re-inspection on completion of installation of required improvements.
(f)
Fees charged for other related consulting services.
(g)
Any other review costs incurred by the Borough.
(2)
Supplemental fees and adjustment. The collected fees shall be held in escrow by the Borough. If the review fees collected at the time of application are not sufficient to cover the cost of engineering services and other related professional consulting services incurred by the Borough, an additional fee shall be collected from the applicant prior to the signature of any plan. If any review fees remain after completion of the project and final release of any construction guarantees, a refund shall be made to the applicant of the balance within 30 days.
D.
Disputes. Disputes between the applicant and the Borough regarding fees shall be settled pursuant to § 503(1) and § 510(g) of the Pennsylvania Municipalities Planning Code, as amended.
E.
Failure to pay fees. Any failure by the applicant to pay any required fees shall be deemed a violation of this chapter and shall make null and void any approval granted by the Borough and the Borough shall have the right to collect any unpaid fees and costs of collection in accord with applicable law.
The Borough shall keep an accurate public record of its findings, decisions, and recommendations relevant to all applications filed for review or approval.
Any subdivision owner or homeowners association proposing to change the name of any subdivision, whether the subdivision occurred before or after the effective date of this chapter, or any amendment thereto, shall first obtain the approval of the Borough Council to the change of name by applying in writing, and once the request is approved by the Borough Council, the applicant shall record said change of name of the subdivision in the office of the Recorder of Deeds of Carbon County by setting forth in affidavit form the name of the old subdivision and the new name of the subdivision.