It shall be the duty of the Borough Council
or the duly authorized representative of the Borough Council to enforce
the provisions of this chapter. The enforcement officer shall require
that the application for a building permit contain all information
necessary to enable him to ascertain whether the proposed building,
alteration, or use is located in an approved land development. No
building permit shall be issued until the enforcement officer has
certified that the site for the proposed building, alteration, or
use complies with all the provisions of this chapter and conforms
to the site description as indicated on the approved and recorded
final plan.
A.
Where a provision of this chapter would cause unique
and undue hardship as it applies to a particular property, or if a
developer shows that an alternative proposal will allow for equal
or better results, the Borough Council may grant a modification from
the strict application of the terms of this chapter if the variation
will not be detrimental to the general welfare, nullify the objectives
of these regulations or conflict with the Comprehensive Plan. In granting
the modification, the Borough Council may impose conditions which
will substantially secure compliance with the purposes of this chapter.
Requests for modifications shall be made in writing and shall be submitted
to the Secretary with copies of the plan.
B.
The Borough Planning Commission shall have the right
to recommend to the Borough Council modifications to the regulations
in individual cases as may be necessary in the public interest; provided,
however, that such modifications and the specific reasons for such
change shall be entered in the minutes of the Planning Commission,
and a copy of this entry shall be transmitted to the Borough Council.
The Borough Council then may alter the land development plans and
specify changes or modifications therein which it deems necessary
and make its approval subject to such alterations, changes or modifications.
If approved by the Borough Council, said modifications shall be clearly
defined and entered on the final plan and signed by the Borough Council.
A.
The Borough Council may, on its own motion or upon
recommendation of the Planning Commission, amend, supplement or repeal
any portion of this chapter. Amendments to this chapter shall become
effective only after a public hearing is held pursuant to public notice.
In addition, in case of an amendment other than that prepared by the
Borough Planning Commission, the Borough Council shall submit each
such amendment to the Planning Commission for recommendations at least
30 days prior to the date fixed for the public hearing on such proposed
amendment. At least 30 days prior to the hearing on the amendment,
the Borough shall submit the proposed amendment to the York County
Planning Commission for recommendations.
B.
Within 30 days after adoption, the Borough Council
shall forward a certified copy of the amendment to the York County
Planning Commission.
A.
The Borough Council shall, by resolution, create a
schedule of filing fees, to be paid by the applicant at the time of
plan submission, to defray the cost of administering and processing
plans. Filing fees shall be required for the following:
B.
In addition to such filing fees, the developer shall
pay the cost of:
(1)
Reviewing the land development plan and engineering
details.
(2)
Inspecting the site for conformance to survey.
(3)
Preparing cost estimates of required improvements
during installation.
(4)
Inspection of required improvements during installation.
(5)
Final inspection for completion of installation of
required improvements.
(6)
Legal services necessary for the processing of the
land development plan.
(7)
Any tapping fees and/or connection charge for connection
to a municipal water system.
(8)
Any tapping fees and/or any required charge for reservation
of sewage capacity in a municipal sewage system.
C.
The costs noted in Subsection B above will be billed to the developer by the Borough upon completion of each review phase. No building permits shall be issued nor shall subdivision or land development plans be approved for any tract of land for which fees as outlined are outstanding.
D.
All fees shall be paid in the form of a check or money
order payable to New Salem Borough.
A.
Any person, partnership, or corporation who or which,
being the owner or agent of any lot, tract or parcel of land, shall
lay out, construct, open or dedicate any street, sanitary sewer, storm
sewer, water main or other improvements for public use, travel or
other purposes or for the common use of occupants of buildings abutting
thereon, or who sells, transfers or agrees or enters into an agreement
to sell any land in a subdivision or land development, whether by
reference to or by other use of a plat of such subdivision or land
development, or erect any building thereon, unless and until a final
plat has been prepared in full compliance with the provisions of this
chapter, shall, upon being found liable therefore in a civil enforcement
proceeding commenced by the Borough, pay a judgment of not more than
$500, plus all court costs. Each day that a violation continues shall
constitute a separate violation, unless the Magisterial District Judge
determines otherwise in accordance with Section 515 of the Pennsylvania
Municipalities Planning Code.[1] All fines collected for such violations shall be paid
over to New Salem Borough.
[1]
Editor's Note: Former 53 P.S. § 10515
was repealed 12-21-1998 by P.L. 1329, No. 170. See now 53 P.S. §
10515.1 et seq.
B.
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.
C.
The Borough Council may initiate and maintain civil
action to obtain a writ of injunction against the owner or agency
who is in violation of any provision of this chapter, or who attempts
the improper sale or conveyances of land; and in proper cases to set
aside and invalidate any conveyances or agreements to convey land
made prior to final plan approval of any subdivision or land development.
D.
Nothing herein shall prevent the Borough Council from
taking such other action necessary to prevent or remedy any violation.
The procedures for securing review of any ordinance,
decision, or determination is set forth in Article X-A of the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
The grant or permit or approval of a subdivision
and/or land development plan shall not constitute a representation,
guarantee, or warranty of any kind by the Borough or by any officials
or employee thereof as to the practicability or safety of the proposed
use and shall create no liability upon the Borough, its officials
or employees.
The provisions of this chapter shall be held
to be minimum requirements to meet the purposes of this chapter. When
provisions of this chapter impose greater restrictions than those
of any statute, other ordinance, or regulations, the provisions of
this chapter shall prevail. When provisions of any statute, other
ordinance or regulation impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulation
shall prevail.
A building permit or other permit or authorization
issued or approved based on false, misleading or erroneous information
provided by the applicant is void without the necessity of any proceedings
for revocation. Any work undertaken or use established pursuant to
such permit or other authorization is unlawful. No action may be taken
by a board, agency or employee of the Borough purporting to validate
such a violation.
This chapter shall take effect after publication
and adoption according to law. This chapter shall revoke and repeal
the prior Subdivision and Land Development Ordinance of New Salem
Borough adopted May 1, 1984, and any amendments thereto, effective
upon enactment of this chapter.
