It shall be unlawful for the owner of any land in the Borough, or any
other person, firm, or corporation, to subdivide any lot, tract or parcel
of land, or lay out, construct, open or dedicate for public use or travel,
any street, sanitary sewer, storm sewer, drainage facilities, or other facilities
in connection therewith, or for the common use of occupants of buildings within
the subdivision or land development, unless and until final plans of such
subdivision or development shall have been prepared by a registered professional
engineer or registered land surveyor, submitted to and approved in writing
thereon by the Borough Council (except for minor subdivisions) and recorded
in the Bucks County Recorder of Deeds office in Doylestown, Pennsylvania.
[Amended 6-8-1993 by Ord. No. 863]
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 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 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 determination of a violation by the district justice and thereafter
each day that a violation continues shall constitute a separate violation.
B. 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.
C. Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Borough of
Morrisville the right to commence any action for enforcement pursuant to this
section.
D. District Justices shall have initial jurisdiction in
proceedings brought under this section.
[Amended 6-8-1993 by Ord. No. 863]
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 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.
B. The Borough of Morrisville 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.
[Amended 6-8-1993 by Ord. No. 863]
A. Amendments to this chapter shall become effective only
after a public hearing held pursuant to public notice. A brief summary setting
forth the principal provisions of the proposed amendment and a reference to
the place within the Borough where copies of the proposed amendment may be
secured or examined shall be incorporated in the public notice. Unless the
proposed amendment shall have been prepared by the Planning Commission, the
Borough Council shall submit the amendment to the Planning Commission at least
30 days prior to the hearing on such amendment to provide the Planning Commission
an opportunity to submit recommendations. In addition, at least 30 days prior
to the public hearing on the amendment, the Borough shall submit the proposed
amendment to the county planning agency for recommendations.
B. Within 30 days after adoption, the Borough Council shall
forward a certified copy of the amendment to the County Planning Agency.
C. Proposed amendments shall not be enacted unless notice
of proposed enactment is given in the manner set forth in this section, and
shall include the time and place of the meeting at which passage will be considered,
a reference to a place within the Borough where copies of the proposed amendment
may be examined without charge or obtained for a charge not greater than the
cost thereof. The Borough Council shall publish the proposed amendment once
in a newspaper of general circulation in the Borough not more than 60 days
nor less than seven days prior to passage. Publication of the proposed amendment
shall include either the full text thereof or the title and a brief summary,
prepared by the Borough Solicitor and setting forth all the provisions in
reasonable detail. If the full text is not included:
(1) A copy thereof shall be supplied to a newspaper of general
circulation in the Borough at the time the public notice is published.
(2) An attested copy of the proposed amendment shall be filed
in the county law library (or other county office designated by the County
Commissioners).
D. In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, the Borough Council shall, at least
10 days prior to enactment, readvertise, in one newspaper of general circulation
in the Borough, a brief summary setting forth all the provisions in reasonable
detail together with a summary of the amendments.