[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.
