[Amended 5-10-1990 by Ord. No. 1990-4]
A. 
The provisions of this chapter are the minimum standards for the protection of the public welfare.
B. 
The Borough Council may grant a modification of one or more provisions of this chapter if 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.
C. 
In granting modifications, the Borough Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
D. 
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 the ordinance involved and the minimum modification necessary. No modification request shall be granted unless it has been specially moved and adopted by the Borough Council and the action noted in the minutes of the meeting.
The Borough Council of Millersville Borough may, from time to time, revise, modify and amend this chapter by appropriate action taken at a scheduled public meeting, all in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code., 53 P.S. § 10101 et seq.
[Added 7-25-2000 by Ord. No. 2000-2]
The following are violations:
A. 
Any person, partnership or corporation or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall:
(1) 
Lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon unless and until a final plan has been recorded as provided herein.
(2) 
Sell, transfer or agree to enter into an agreement to sell or transfer any land in a subdivision or land development, whether by reference to or by use of a plan of such subdivision or land development or otherwise, unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein.
(3) 
Erect any building or buildings which constitute a land development thereon unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein.
(4) 
Commence site grading or construction of improvements prior to recording of a final plan, unless such grading or construction is for the sole purpose of installing improvements in accordance with an unconditionally approved preliminary plan, unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein.
(5) 
Fail to comply with any condition imposed upon approval of a preliminary plan or a final plan or any condition imposed upon the granting of any waiver.
(6) 
Fail to comply with any agreement with the Borough or a provider of sewer or water service relating to development in accordance with a preliminary plan or a final plan.
(7) 
Fail to comply with any note included on an approved preliminary plan or final plan.
B. 
Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall construct or permit the construction of any improvement or develop or permit the development of any property in a manner which does not fully comply with the approved preliminary plan or final plan, as applicable, commits a violation of this chapter.
C. 
Any person, partnership or corporation or the members of such partnership or the officers of such corporation, who or which, being the owner or agent of the owner or professional consultant of the owner of any lot, tract or parcel of land, shall knowingly provide false information on any plan, report, certification or other document required to be submitted by this chapter commits a violation of this chapter.
D. 
Any person, partnership or corporation or the members of such partnership or the officer of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, in any other way takes action or permits another to take action not authorized by this chapter or contrary to the provisions of this chapter commits a violation of this chapter.
[Amended 5-10-1990 by Ord. No. 1990-4; 7-25-2000 by Ord. No. 2000-2]
A. 
Preventive remedies.
(1) 
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.
(2) 
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. This authority to deny such 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 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.
B. 
Enforcement remedies.
(1) 
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's 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 violation continues shall constitute a separate violation.
(2) 
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.
The decision of the Borough Council with respect to the approval or disapproval of plans may be appealed directly to court as provided for in the Municipalities Planning Code, 53 P.S. § 10101 et seq.