A.
Borough Secretary. The Borough Secretary, with the
assistance of the Commission Engineer, shall act as the administrative
officer of the Commission and Council. The Borough Secretary shall
receive and examine all subdivisions in the name of the Commission
and Council and shall refer copies of all such plans and applications
to appropriate agencies or officials involved. The Borough Secretary
shall also receive information from such agencies or officials and
shall transmit these comments to the Commission and Council. The Borough
Secretary shall keep records of all applications and plans and of
actions taken by the Commission and Council on such applications and
plans. The Commission Engineer at the request of the Borough Secretary
or the Borough Council shall make all required inspections called
for in this chapter. The Borough Secretary shall also inform the subdivider
and the Council of any violations of this chapter which shall become
known to him or her.
B.
Planning Commission. The Commission, with the assistance
of the Borough Secretary and the Commission Engineer, shall review
all plans to determine conformity with this chapter and shall hold
necessary public hearings and shall approve, approve with conditions,
or disapprove all plans submitted and shall grant any necessary modifications,
variances or waivers and shall perform all other duties required under
this chapter, except that any final plan approval, or granting of
modifications, variances or waivers shall not become effective until
they are also approved by Borough Council.
C.
Borough Council. The Borough Council, after notification
of final approval of any subdivision or development, shall take action
to approve, approve with conditions or disapprove said plan as required
herein. After approval by Council of any final plan, the Borough Secretary,
Solicitor and Commission Engineer shall be directed to take necessary
action relative to the acceptance of dedication of any public right-of-way
or area shown on the plan and relative to the execution of the development
agreement with the subdivider.
D.
Subdivision records. The Borough Secretary shall keep
a record of the findings, decisions and recommendations relative to
all subdivision plans and applications filed for approval. Such records
shall be open to the public for review.
A.
Modifications.
(1)
The Borough Council may grant a modification of the
requirements of one or more provisions of this chapter if the literal
enforcement will exact undue hardship 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 this chapter is observed.
(2)
All requests 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 of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
(3)
The request for modification shall be referred to
the Planning Commission for advisory comments.
(4)
The Borough Council shall keep a written record of
all action of all requests for modifications.
B.
Reconsideration and appeals to Commission. Any subdivider
aggrieved by a finding, decision or recommendation of any official
may request and receive opportunity to appear before the Commission,
present additional relevant information, and request reconsideration
and/or appeal of the original finding, decision or recommendation.
C.
Procedure for applying. Applications for modification,
variances and appeals to the Commission shall be submitted in writing.
The application shall state fully the grounds and all the facts relied
upon by the applicant. The Commission shall act upon such applications
within a period of 45 days.
E.
Amendments.
(1)
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.
(2)
Within 30 days after adoption, the Borough Council
shall forward a certified copy of the amendment to the county planning
agency.
(3)
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 extent 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:
(4)
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.
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 Magisterial
District Judge. 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 Magisterial District Judge
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 Magisterial District Judge 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
the right to commence any action for enforcement pursuant to this
section.
D.
Magisterial District Judges shall have initial jurisdiction
in proceedings brought under this section.
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 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.
Conflict with other ordinances. Wherever there is a difference between minimum standards or dimensions specified herein and those contained in Chapter 500, Zoning, or other official regulations, the highest standard shall apply.
B.
Validity. If any section, clause, provision or portion
of this chapter shall be held to be invalid or unconstitutional by
any court of competent jurisdiction, such decision shall not affect
any other section, clause, provision or portion of this chapter.
