A.
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter 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 the chapter is observed.
B.
Any request for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts on which the request is based,
the provision or provisions of the chapter involved and the minimum
modification necessary.
C.
Borough Council shall refer the request for modification to the Borough
Planning Commission for advisory comments.
D.
In granting modifications, Borough Council may impose such conditions
as will, in its judgment, secure substantially the objectives of the
standards and requirements so modified.
E.
The Borough shall keep a written record of all action on all requests
for modifications.
A.
The Borough shall assign a file name to all subdivision and land
development applications and all matters referring to an application
should be filed in accordance with the file name. 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. Failure by the applicant to deliver the
funds necessary to meet the escrow at the time of application shall
constitute good and sufficient grounds for the rejection of the plans
as received.
B.
A subdivision or land development application fee (nonrefundable) and an escrow deposit shall be submitted with any application for preliminary or final plan review and approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed by Borough Council by resolution. The escrow 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 other professionals deemed necessary by the Borough and legal. 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,
cindering, street sweeping, etc.) 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
or dedication of improvements by the Borough shall be returned to
the applicant. The amount of the escrow deposit shall be fixed by
Borough Council by resolution.
A.
In addition to other remedies, the Borough Council 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.
B.
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:
(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.
C.
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.
A.
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 be 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.
B.
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.
A.
The Borough Council may, from time to time, revise, modify and amend
this chapter by appropriate action taken at a duly advertised public
hearing, all in accordance with the applicable provisions of the Municipalities
Planning Code.
