A.
In any case in which an applicant demonstrates to
the satisfaction of the Council that strict application of any provisions
of this chapter would be unreasonable and would cause unnecessary
hardship as applied to the proposed subdivision or land development,
the Council may grant a modification of such provision so as to grant
relief from the unnecessary hardship. Any such modification granted
shall be the least modification necessary to grant relief from the
unnecessary hardship and shall be applied so that substantial justice
may be done and the public interest secured; provided, however, that
such modification shall not be granted if it would have the effect
of nullifying the intent and purpose of this chapter.
B.
In granting modifications, the Council may impose
such conditions as will, in its judgment, secure substantially the
objectives of the standards and requirements so modified.
A.
The Borough shall assign a subdivision application
number to all subdivision and land development applications, and all
matters referring to an application should be filed in accordance
with the subdivision case number. The Borough shall keep a record
of its findings, decisions and recommendations relative to all plans
filed with it for review.
B.
All such records shall be public records.
A.
No application for preliminary or final approval shall
be deemed to have been submitted until the fee and escrow deposit,
as set forth below, shall have been paid.
B.
A subdivision or land development application fee (nonrefundable) and an escrow deposit shall be submitted with any application for preliminary or final plan approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed by the Council by resolution or ordinance. The escrowed funds shall be used to reimburse the Borough for actual expenditures incident to these processes, including but not limited to fees of the Borough Engineer and legal fees in excess of the fee for review of the Borough's standard forms. Any costs incurred by the Borough in excess of the amount held in escrow shall be fully reimbursed by the applicant prior to the issuance of any permits. Any unexpended balance in the escrow deposit shall become part of the second deposit required in Subsection C below.
C.
Following final plan approval and recording and the
establishment of any required performance guaranty, a second escrow
deposit shall be established to cover the cost of inspections of improvements
construction, materials or site testing or maintenance costs (e.g.,
snow removal) prior to the acceptance of improvements by the Borough.
Any costs incurred by the Borough in excess of the amount held in
escrow shall be fully reimbursed by the applicant. Any unexpended
balance in the escrow deposit following acceptance of dedication of
improvements by the Borough shall be returned to the applicant. The
amount of the escrow deposit shall be fixed by the Council.
A.
Preventative 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)
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 provision 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 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.
B.
Jurisdiction. District Justices shall have initial jurisdiction in proceedings brought under Subsection C below.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated any provision of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding, 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 the 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 municipality
the right to commence any action for enforcement, pursuant to this
section.
Appeals from the actions of the Council with
respect to any application for subdivision or land development approval
shall be governed by the provisions of Act 247,[1] as may be amended from time to time, or any successor
legislation thereto.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Added 5-8-1991 by Ord. No. 91-16]
