A.
In any case in which an applicant demonstrates to the
satisfaction of Borough Council that the strict application of any provision
of this chapter would be unreasonable and would cause undue hardship as applied
to the proposed subdivision or land development, Borough Council may grant
a modification of such provision so as to grant relief from the undue hardship.
Borough Council may also grant a modification where the applicant has demonstrated
to Council's satisfaction that an equal or better result may be obtained by
the proposed alternative. Any such modification granted shall be the least
modification necessary to grant relief from the undue hardship or to provide
an equal or better result 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.
All requests for modifications 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 of unreasonableness or hardship
on which the request is based, the provision or provisions of this Ordinance
involved and the minimum modification necessary or how equal or better results
will be achieved.
C.
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.
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 sketch plan when required) or final plan approval to cover the costs of the plan review and processing. Borough Council shall fix amounts of the application fee and escrow deposit by resolution. 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 a part of the second deposit required in Subsection C below.
C.
As a condition of final plan approval and recording and
establishment of any required performance guarantee, 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.
Borough Council shall fix the amount of the escrow deposit by resolution.
A.
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 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.
B.
The borough may refuse to issue any permit or grant any
approval necessary to further improve 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 the 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 at
the time of such violation without regard as to whether such vendee or lessee
had actual or constructive knowledge of the violation.
C.
As an additional condition for the issuance of a permit
or the granting of an approval to any such owner, current owner, vendee or
lessee for the development of 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.
District Justices shall have initial jurisdiction in proceedings brought under Subsection B herein.
B.
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 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 offense, 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 violation, in which event there shall be deemed to have
only been 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.
Appeals from the actions of Borough Council with respect to any application
for subdivision or land development approval shall be governed by the provisions
of Municipalities Planning Code as they may be amended from time to time,
or any successor legislation thereto.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Borough Council may, from time to time, review, modify
or amend the terms of this chapter. Except for an amendment proposed by the
Borough Planning Commission, Borough Council shall submit any proposed amendment
to the Borough Planning Commission for its review and recommendations. At
least 30 days prior to the hearing on the proposed amendment, Borough Council
shall submit any proposed amendment to the Lancaster County Planning Commission
for its review and recommendations. Borough Council shall take no action to
approve or deny any proposed amendment until it has received a report on the
proposed amendment from the County Planning Commission, or until 30 days have
been allowed for the receipt of such report.
C.
In the event that substantial amendments are made in
the proposed ordinance, before voting on enactment, Borough Council, at least
10 days prior to enactment, shall readvertise a brief summary setting forth
all the provisions in reasonable detail together with a summary of the amendments.
D.
Within 30 days following adoption, the borough shall
forward a certified copy of any amendments to this chapter to the Lancaster
County Law Library.
