Borough of Wilkinsburg, PA Administration and Modification

At the time of filing of the application for a land development for consideration by Borough Council, the applicant shall pay to the Borough, for use of the Borough, a fee to defray the cost of processing the application for a land development. The applicable fees shall be based upon a schedule established by the Borough Council by resolution.

This fee is in addition to other fees as required by the Borough Code, such as fees for permits and fees authorized by other Borough ordinances.

After the application's approval or denial or after approval subject to conditions has been rejected by the applicant, any fees remaining in excess of the actual processing and review costs shall be returned to the applicant.

(4)

Prior to approval or denial, or approval with conditions, all additional sums required for processing and review in excess of the fee deposited at the time of application as augmented by subsequent fee deposits requested by the Borough shall be paid to the Borough by the applicant.

Consultants fee deposit.

Upon submission of the final plan, the applicant shall also be required to make an additional payment for costs incidental to the approval of the development plan review entailing a review of detailed construction drawings, on-site inspection, and final construction by Borough officials and such qualified consultants they may employ.

All work done by the Borough's agents, inspectors, or consultants in connection with the land development plan, either in the field or office, shall be charged to the applicant.

If during the progress of the work it appears the costs will exceed the payment amount, the Borough shall notify the applicant, who shall do no further work in connection with the land development plan until there shall be made an additional payment amount as necessary to cover the cost of the work.

(4)

If at any time such engineering and inspection charges exceed the amount of the payment, the Borough will issue a statement requesting an additional payment and receipt upon payment.

(5)

Samples of materials and all reasonable information for ascertaining whether the work is in conformity with the provisions of this chapter shall be furnished to the proper officials and employees of the Borough.

§ 229-52 Records.

The Planning Commission shall maintain an accurate public record of all plans upon which it takes action and of its findings, decisions, and recommendations in relation thereto.

§ 229-53 Appeals.

In any case where the Planning Commission disapproves a land development plan, any person aggrieved thereby may, within 30 days thereafter, appeal to the Court of Common Pleas of Allegheny County, Pennsylvania, in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.

§ 229-54 Validity.

Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of the ordinance as a whole or any individual part thereof.

§ 229-55 Preventive remedies.

In addition to the 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.

The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop real property which has been developed or which has resulted from a land development 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:

The owner of record at the time of such violation.

The vendee or lessee of the owner of record at the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.

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 the violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation. As an additional condition for issuance of a permit or the granting of an approval to any such owner, vendee, or lessee for the development of any such real property, the county may require compliance with the condition that would have been applicable to the property at the time the applicant acquired an interest in such real property.

As an additional condition for issuance of a permit or the granting of an approval for 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.

§ 229-56 Enforcement remedies.

Initial jurisdiction. The District Justice for Wilkinsburg Borough shall have initial jurisdiction in proceedings brought under this section.

Judgment. Any person, partnership, or corporation who or which has violated 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, 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 the civil procedure.