An Administrator to the Planning Commission shall be appointed by the Borough Council and shall receive such compensation as the Borough Council, by resolution, shall provide. The Administrator shall not hold any elective office in the Borough. The duties of the Administrator shall be:
A. 
Providing prospective developers and subdividers with this chapter at a fee to be established by the Council.
B. 
Providing prospective subdividers and developers with other documents and information as they may require.
C. 
Supplying application forms and collecting fees with regard to the preliminary plan and final plan phases of subdivision and land development and supply forms for chapter amendments.
D. 
Accepting fees, classifying applications, reviewing applications for completeness, and preparing reports on those applications for the Planning Commission.
E. 
Inspecting subdivisions and land developments for compliance with the regulations and reporting to the Planning Commission on such inspections.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
For any change in a map or an approved or recorded subdivision plan, if such change affects any street layout shown on such map, or any reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by Riverside Borough by the same procedures, rules, and regulations as for a subdivision.
A. 
General requirements. The Borough Council, upon recommendation of the Planning Commission, 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.
B. 
Procedures.
(1) 
Filing. All requests for a modification shall be in writing and shall accompany and be 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.
(2) 
Review. All proposals for modification of the provisions of this chapter shall be referred by the Borough Council to the Planning Commission for its advisory comments and decision.
(3) 
Record of decisions. The Borough Council shall keep a written record of all action on all requests for modifications and decision.
The Borough may offer a mediation option as an aid in completing proceedings of Article III, Procedural Requirements. In exercising such an option, the Borough and the mediating parties shall meet the stipulations and follow the procedures set forth below:
A. 
Parties to proceedings. Parties to proceedings authorized in Article II, Administration and Enforcement, in Chapter 285, Zoning, of the Code of the Borough of Riverside may utilize mediation as an aid in completing such proceedings. In proceedings before the Zoning Hearing Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediation party.
B. 
Supplemental role of mediation. Mediation shall supplement, not replace, those procedures in Article II, Administration and Enforcement, in Chapter 285, Zoning, of the Code of the Borough of Riverside once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.
C. 
Rules for mediation. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Borough shall assure that, in each case, the mediating parties, assisted by the mediator, as appropriate, develop terms and conditions for:
(1) 
Funding mediation.
(2) 
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in meditation.
(3) 
Completing mediation, including time limits for such completion.
(4) 
Suspending time limits otherwise authorized in the Pennsylvania Municipalities Planning Code (Act 247, as amended),[1] provided there is written consent by the mediating parties and by an applicant or municipal decisionmaking body if either is not a party to the mediation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5) 
Identifying all parties and affording them the opportunity to participate.
(6) 
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7) 
Assuring that mediated solutions are in writing and signed by the parties and become subject to review and approval by the appropriate decisionmaking body pursuant to the authorized procedures set forth in other sections of this chapter.
D. 
Admissibility as evidence. No offer or statements in the mediating sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
Both the Planning Commission and Borough Council shall keep records of their respective findings, decisions, and recommendations relative to all subdivision and land development plans filed for review and approval. Such records shall be open to the public for review.
A. 
Actions to restrain, correct or abate violations. 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. 
Authority to refuse to issue permits or grant approvals.
(1) 
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 any ordinance adopted pursuant to this chapter.
(2) 
This authority to deny such a permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
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.
(c) 
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.
(d) 
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.
(3) 
As an additional condition for issuance of a permit or the granting of an approval to 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. 
Any person, partnership or corporation who or which has violated the provisions of this chapter enacted by the Borough of Riverside 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.
(1) 
No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge.
(2) 
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 the final adjudication of the violation and judgment.
C. 
Nothing in this section shall be construed or interpreted to grant to any person or entity other then the Borough the right to commence any action for enforcement pursuant to this section.
All appeals from approval or disapproval of a subdivision or land development shall be governed by Chapter 285, Zoning, § 285-18, Appeals to court, of the Code of the Borough of Riverside (or Article X-A, Appeals to Court, of the Pennsylvania Municipalities Planning Code, Act 247, as amended by Act 170[1]).
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
The following fees shall be paid by the developer, subdivider, or his agent to the Borough of Riverside by certified check or money order:
A. 
An application fee for preliminary plan review when such plan is required. The fee shall be as set from time to time by resolution of the Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
An application fee for final plan review, which fee shall be as set from time to time by resolution of the Borough Council.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
A fee for review of the plan by the Northumberland County Planning Commission.
D. 
A fee for review of the plan by the Borough Engineer or consultant and any other local, county, state or federal agency, if such fee is required. (See §§ 250-29K and 250-30M.)
E. 
A financial security in the amount of 110% of the cost of proposed required improvements if the completion of such improvements is to be delayed as a condition of final approval. (See § 250-22E.)
F. 
A financial security for the maintenance of improvements for no more than 18 months from the date of their acceptance of dedication and not to exceed 15% of their actual cost of installation. (See § 250-22M.)
G. 
An inspection fee based on the actual cost of inspection by the Borough Engineer of required improvements. (See § 250-24.)