Part 9
Administration
§22-901 Validity and Conflicts.
1. Should any action or provision of this Chapter be declared by the courts to be invalid, such decision shall not affect the validity of the Chapter as a whole, nor the validity of any other Section or provision of the Chapter than the one so declared.
2. Whenever there is a difference between the minimum standards specified herein and those included in other official Borough regulations, the most stringent requirements shall apply.
3. All existing ordinances or parts of ordinances and resolutions or parts of resolutions which are contrary to the provisions of this Chapter are hereby repealed to the extent necessary to give this Chapter full force and effect.
(Ord. 465, 1/8/1979, §901)
§22-902 Fees.
1. The Borough Council shall establish by resolution a collection procedure and Schedule of Fees to be paid by the subdivider.
2. Said Schedule of Fees shall be posted in the office of the Borough Manager.
3. Charges for field inspection shall be established on the basis of the number of lots to be inspected, including improvements to be provided.
4. No final plan shall be approved unless all fees and charges are paid in full.
(Ord. 465, 1/8/1979, §902)
§22-903 Amendment.
This Chapter may, from time to time, be amended in accordance with the Municipalities Planning Code. (See 53 P.S. §§10505, 10506.)
(Ord. 465, 1/8/1979, §903; as amended by Ord. 650, 11/30/1995, §3(q))
§22-904 Records.
The Planning Commission and Borough Council shall keep a record of their findings, decisions and recommendations relative to all subdivision plans filed with them for review.
(Ord. 465, 1/8/1979, §904)
§22-905 Penalties.
1. No lot in a subdivision or land development shall be sold, no permit to erect, alter, or repair any building in a subdivision or land development shall be issued, and no improvements shall be made in a subdivision or land development until a final plan has been approved and properly recorded.
2. Any person who has violated any provision 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 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 civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice magisterial district judge determining that there has been a violation further determines that there was a good faith basis for the person 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 5th day following the date of the determination of the violation by the district justice magisterial district judge , and thereafter each day that violation continues shall constitute a separate violation. [Ord. 825]
(Ord. 465, 1/8/1979, §905; as amended by Ord. 650, 11/30/1995, §3(r); and by Ord. 825, 10/3/2016, §7(B))
§22-906 Preventative 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 this Chapter. 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 the violation; (B) the vendee or lessee of the owner of record at the time of the violation without regard as to whether the 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 the 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 the 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.
4. Nothing herein shall prevent the Borough from taking such other action necessary to prevent or remedy any violation.
(Ord. 465, 1/8/1979, §906; as amended by Ord. 650, 11/30/1995, §3(s))
§22-907 Mediation.
As an aid in completing subdivision and land development proceedings, the Planning Commission, the Borough Council, or the subdivider may request that mediation be utilized in accordance with §§10508(7) and 10908.1 of the Municipalities Planning Code, 53 P.S. §§10508(7), 10908.1. Mediation shall be a supplement to and not a replacement of the procedures required by this Chapter and must be voluntarily entered into by signed written agreement by all parties involved.
(Ord. 465, 1/8/1979, §907; as amended by Ord. 650, 11/30/1995, §3(t))
§22-908 Number and Gender.
The use of the singular in this Chapter shall include the plural, and the use of the masculine shall include the feminine and neuter, unless the context clearly indicates otherwise.
(Ord. 465, 1/8/1979, §908; as amended by Ord. 650, 11/30/1995, §3(u))