1. Purpose. The purpose of this Section, as stated in the MPC, 53 P.S. §§ 10101 et seq., and as intended by the residents of Dallas Borough, is to achieve the following (see § 27-505.1, “Conservation District (C), Purpose”):
A. To ensure that the provisions of this Chapter which are concerned with the uniform treatment of dwelling type, bulk, density and open space, within each zoning district, shall not be applied to the improvement of land by other than lot- by-lot development in a manner which would distort the objectives of this Chapter.
B. To encourage innovations in residential and nonresidential development and renewal so that the growing demand for housing and other development may be met by greater variety in type, design and layout of dwelling and other buildings and structures and by the conservation and more efficient use of open space ancillary to said dwellings and uses.
C. To provide greater opportunities for better housing and recreation for all who are or will be residents of the Borough.
D. To encourage a more efficient use of land and public services and to reflect changes in the technology of land development so that the economics so secured may enure to the benefit of those who need homes and for other uses.
E. In aid of these purposes, to provide a procedure which can relate the type, design and layout of residential and nonresidential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential and nonresidential areas, and to assure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
2. Use Regulations. The uses allowed shall be single-family dwellings, two-family dwellings and multiple-family dwellings, as well as customary accessory uses, public and semi-public uses (except storage yards), and recreational facilities for the use of residents of the planned residential development. Other uses allowed only by special exception include home occupations, model homes and temporary structures and buildings including trailers.
3. Dimensional Regulations.
A. Minimum Tract Area. The development shall have an area of at least 50 acres.
B. Minimum Tract Width. The development shall have a minimum mean width of 500 feet.
C. Front, Side and Rear Setbacks. The minimum front, side and rear setbacks for a planned residential development tract shall each be 50 feet from the corresponding tract property lines. A planting strip of at least 20 feet in width shall be provided along all property lines at the periphery of the development tract where necessary to protect the privacy of neighboring residents.
D. Density. The density shall not exceed the number of housing units permitted in the C, Conservation District.
E. Common Open Space. Not less than 20 percent of the total area of the planned residential development shall be designated as and devoted to common open space, which is a land area within a development site designed and intended for the use and enjoyment of residents of the planned residential development, not including streets and off-street parking areas.
F. Building Height. The maximum height of any single-family or two-family residence shall be the lesser of 35 feet or 2-1/2 stories. The maximum height of any multi-family building shall be the lesser of 40 feet or 3 stories.
4. Development Regulations. A planned residential development shall be subject to the following standards and regulations (See Article 7 - 704 - B - one (1) through five (5)):
A. Comprehensive Plan. The proposed planned residential development shall be consistent with the Comprehensive Plan of Dallas Borough.
B. Site Design. All housing shall be designed with regard to the topography and natural features of the site and shall be sited so as to enhance privacy and ensure natural light for all principal rooms. Variations in setbacks shall be provided where necessary to create a more pleasing layout, but no structure shall be less than 35 feet from the street line or 20 feet from any other building or structure, including its extensions or projections.
C. Tree Conservation and Erosion Control.
(1) Existing trees shall be preserved wherever possible. The protection of trees of 4-inch caliper or over shall be a factor in determining the location of open space, buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grade levels.
(2) The development shall be designed and programmed so as to minimize earth-moving, erosion, tree clearance and the destruction of natural amenities. Seeding, sodding and other planting shall be applied to stabilize topsoil on steep slope (slopes of 25 percent or more).
(3) Erosion control measures such as minimizing the area of exposed soil, mulching, building silt catchment basins, and planting temporary ground cover shall be instituted as necessary.
D. Streets. The street system shall be designed so as to relate harmoniously with land uses and adjacent streets and to minimize through-traffic in residential areas. All streets shall be constructed and maintained according to the Luzerne County Subdivision and Land Development Ordinance requirements. Shade trees shall be provided within the rights-of-way of all streets. All streets and areas of high pedestrian use shall be adequately lighted. (A.O.)
E. Parking Areas. All parking areas and access drives shall be paved and landscaped with shrubbery along the sides. No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by approved landscaping. Access aisles shall be at least 20 feet wide. Parking shall be arranged so as to prevent through-traffic to other parking areas. All off-street parking shall be adequately lighted, and all such lighting shall be arranged so as to direct light away from adjoining residences.
F. Pedestrian Walks. Residential clusters having a density of five homes per net acre shall have paved pedestrian walks on one or both sides of the street.
G. Drainage. Storm drainage from roofs and paved areas shall be channeled to natural drainage courses and away from adjacent properties.
H. Utilities.
(1) All utilities serving a planned residential development shall be placed underground.
(2) The development shall be served by central water supply and central sewage disposal systems. If water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the planned residential development, applicants shall present evidence to the Council that the planned residential development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement, to serve the area in question, whichever is appropriate, shall be acceptable evidence. The facilities or financial responsibility for the installation of them shall be provided prior to final approval of each development.
I. Staging of Development. A planned residential development may be constructed in phases if the following criteria are met:
(1) The application for tentative approval covers the entire planned residential development and shows the location and approximate time of construction for each stage, in addition to other information required by this Part.
(2) At least 15 percent of the dwelling units in the tentatively approved plan are included in the first phase.
(3) The second and subsequent stages are completed consistent with the tentatively approved plan and in no stage contain less than 15 percent of the dwelling units receiving tentative approval.
(4) At no time may the density of any phase be greater than five dwelling units per net acre in the area covered by that phase.
J. Standards for Location and Management of Open Space.
(1) The open space shall be located so as to be consistent with the objectives set forth in the application for planned residential development. Where possible, it shall be designed as a contiguous area easily accessible to the residents, and preserving natural features.
(2) There shall be provisions which ensure that the open space land shall continue as such and be properly maintained. The developer shall either: (a) dedicate such land to public use if Dallas Borough or another public agency has indicated it will accept such dedication, (b) retain ownership and responsibility for maintenance of such open space land, or (c) provide for and establish one or more organizations for the ownership and maintenance of all common open space. In the case of clause (c) above, each organization shall be a nonprofit homeowners corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.
(3) If a homeowners association or open space trust is formed, it shall be governed according to the following regulations:
(a) The organization is organized by the developer and operating with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
(b) Membership in the organization is mandatory for all purchasers of homes therein and their successors.
(c) The organization shall be responsible for maintenance of and insurance and taxes on common open space.
(d) The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.
(e) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
(f) In the event that the organization established to own and maintain a common open space or any other successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, Dallas Borough may serve written notice upon such organization or upon the residents of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing Dallas Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected.
(g) If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extensions thereof, Dallas Borough, in order to preserve the taxable values of the properties within the planned residential development and to prevent the common open space from becoming a public nuisance, may enter upon said common space and maintain the same for a period of 1 year. Said maintenance by Dallas Borough shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.
(h) Before the expiration of said year, Dallas Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the planned residential development, to be held by the Borough Council, at which hearing such organization or the residents of the planned residential development shall show cause why such maintenance by Dallas Borough shall not, at the option of the Borough, continue for a succeeding year.
If the Borough Council shall determine that such organization is ready and able to maintain said common open space in reasonable condition, Dallas Borough shall cease to maintain such common open space at the end of said year. If the Borough Council shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, Dallas Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.
(i) The decision of the Dallas Borough Council shall be subject to appeals to court in the same manner, and within the same time limitation, as is provided for appeals to court in Part 11.
(j) The cost of such maintenance by the Borough shall be assessed ratably against the properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. Dallas Borough, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the Prothonotary of Luzerne County, upon the properties affected by such lien within the planned residential development.
5. Supplementary Regulations. (See Part 8.)
6. Subdividing and Developing. Since a planned residential development is a land development according to the definition of land development as found in Part 3, it shall also be subject to the regulations found in the Luzerne County Subdivision and Land Development Ordinance except as otherwise exempted by this Section. (A.O.)
7. Enforcement and Modification of Provisions of the Plan. To further the mutual interest of the residents of the planned residential development and of the public in the preservation of the integrity of the development plan, as finally approved, and to ensure that modifications, if any, in the development plan shall not impair the reasonable reliance of the said residents upon the provisions of the development plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the development plan as finally approved, whether those are recorded by plat, covenant, easement or otherwise shall be subject to the following provisions:
A. The provisions of the development plan relating to (1) the use, bulk and location of building and structures, (2) the quantity and location of common open space, except as otherwise provided in this Part, and (3) the intensity of use or the density of residential units, shall run in favor of Dallas Borough and shall be enforceable in law or in equity by the Borough, without limitation on any powers of regulation otherwise granted the Borough by law.
B. All provisions of the development plan shall run in favor of the residents of the planned residential development but only to the extent expressly provided in the development plan and in accordance with the terms of the development plan, and to that extent said provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced at law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf; provided, however, that no provisions of the development plan shall be implied to exist in favor of residents of the planned residential development except as to those portions of the development plan which have been finally approved and have been recorded.
C. All those provisions of the development plan authorized to be enforced by Dallas Borough under this Section may be modified, removed or released by the Borough, except grants or easements relating to the service or equipment of a public utility, subject with the following conditions: (1) no such modification, removal or release of the provisions of the development plan by the Borough shall affect the rights of the residents of the planned residential development to maintain and enforce those provisions, at law or equity, as provided in this Section; (2) no modification, removal or release of the provisions of the development plan by the Borough shall be permitted except upon a finding by the Council or its designated agency, following a public hearing thereon pursuant to public notice called and held in accordance with the provisions of this Section, that the same is consistent with the efficient development and preservation of the entire planned residential development, does not adversely affect either the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and is not granted solely to confer a special benefit upon any person.
D. Residents of the planned residential development may, to the extent and in the manner expressly authorized by the provisions of the development plan, modify, remove or release their rights to enforce the provisions of the development plan, but no such action shall affect the right of the Borough to enforce the provisions of the development plan in accordance with the provisions of this Section.
8. Application for Tentative Approval. Application for tentative approval of a planned residential development shall be subject to the following procedures:
A. Application and Fee. The application for tentative approval shall be filed by or on behalf of the landowner with the administrative assistant to the Planning Commission of Dallas Borough. An application fee in the amount as established, from time to time, by resolution of Borough Council shall be paid upon filing of the application. (A.O.)
B. Required Documentation. The application for tentative approval shall include documentation illustrating compliance with all of the standards for planned residential development, and where necessary the Dallas Borough Planning Commission shall order such documentation to aid them in their review. Required documentation shall include, but not be limited to, documents illustrating the following:
(1) A comprehensive environmental impact study is required to access and treat both quantity and quality of “nonprofit source pollution.”
(2) The environmental impact study to include the Department of Agriculture TR55 computation of peak discharge of both 10-year storm and 2- year storm. Post development peak discharge may be no greater than pre- development peak discharge.
(3) Treatment of both quantity and quality of urban runoff is required in accordance with “Standard Urban Best Management Practices” criteria. For instance the “B.M.P.” will allow for infiltration of first 1/2-inch runoff per watershed acre; (includes all C areas)
(4) Delineation of Wetlands. To include wet ponds, dry ponds and grass swales.
(5) The environmental impact study to provide for adequate buffer zones using criteria of the “Critical Area Commission of Maryland” (buffers for wetlands and reservoir).
(6) The location, size and topography of the area involved, and adjoining area, the nature of the landowner’s interest in the planned residential development, and the names and addresses of residents within 200 feet of the tract boundaries.
(7) The proposed use areas and the density to be allocated to parts of the site to be developed.
(8) The location and size of the common open space and the form of organization proposed to own and maintain of the common open space.
(9) The use and the approximate height, bulk and location of buildings and other structures.
(10) Information showing the feasibility of proposals for water supply and sanitary sewerage and stormwater deposits.
(11) Utility systems.
(12) The substance of covenants, grants of easements, or other restrictions existing or proposed to be imposed upon the use of land, building and structures, including proposed grants and/or easements for public utilities.
(13) The provision for parking of vehicles and location, right-of-way and cartway widths of proposed streets and public ways.
(14) The required modification in the Borough land use regulations otherwise applicable to the subject property.
(15) The feasibility of proposals for energy conservation and the effective utilization of renewable energy sources.
(16) In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned residential development are intended to be filed, and which shall be updated annually on the anniversary of its approval until the development is completed and accepted.
(17) The application shall insofar as possible, indicate compliance with the provisions set forth herein, governing the requirements for final approval.
(18) Plan maps at a scale of 1 inch equals 100 feet, with contour for each 5 foot change in elevation, showing: (a) natural features of the land including topography, vegetation, drainage and soil types; (b) approximate locations of building, streets according to type, parking areas and walkways; (c) locations of common open space and recreation facilities (d) the public utility system; and (e) development phasing.
(19) A plan map at a scale of 1 inch equals 300 feet of the relationship of the total development plan to the Comprehensive Plan of Dallas Borough.
C. Statement by Landowner. The application shall also include a written statement by the landowner setting forth the reasons why, in his opinion, the planned residential development would be in the public interest and would be consistent with the Comprehensive Plan of Dallas Borough.
D. Application Procedures. The application for and tentative and final approval of a development plan for a planned residential development prescribed in this Section shall be in lieu of all other procedures or approvals otherwise required pursuant to the Dallas Borough Subdivision and Land Development Ordinance and this Chapter.
E. Planning Commission Review. One copy each of every application for tentative approval received by the Administration Assistance to the Planning Commission of Dallas Borough shall be promptly forwarded to the Dallas Borough Planning Commission, to the Borough Engineer, to the Pennsylvania Department of Environmental Protection, to the Pennsylvania Department of Transportation, to the Dallas Area Municipal Authority, and to the Luzerne County Planning Commission for study and recommendation as required by the MPC, 53 P.S. §§ 10101 et seq. The Dallas Borough Planning Commission, the Borough Engineer, the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Transportation, the Dallas Area Municipal Authority, and the Luzerne County Planning Commission shall review and report upon the application; the County Planning Commission and other agencies to the Dallas Borough Planning Commission, and the Dallas Borough Planning Commission to the Borough Council, within 30 days of referral. One copy of the report of the respective agencies shall be furnished to the landowner not less than 5 days before the appointed time of the public hearing provided for below. (A.O.)
F. Informal Consultation. The landowner, the Borough Council, the Dallas Borough Planning Commission and the Luzerne County Planning Commission may consult informally concerning the proposed planned residential development prior to the filing of an application for tentative approval, provided that no statement or representation by a member of the Council or of the Planning Commission shall be binding on the Borough.
9. Public Hearings.
A. Within 60 days after the filing of an application for tentative approval of a planned residential development pursuant to this Section, a public hearing pursuant to public notice on said application shall be held by the Council in the manner prescribed in Part 10 of this Chapter.
B. The Council may continue the hearing from time to time, and, where applicable, may refer the matter back to the Planning Commission for a report; provided, however, that in any event, the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing-held by the Council.
10. The Findings.
A. The Dallas Borough Council, within 60 days following the conclusion of the public hearing provided for in this Section, shall, by official written communication, to the landowner, either:
(1) Grant tentative approval to the development plan as submitted.
(2) Grant tentative approval subject to specified conditions not included in the development plan as submitted.
(3) Deny tentative approval to the development plan.
Failure to act within said period shall be deemed to be a grant of tentative approval of the development plan as submitted. In the event, however, that tentative approval is granted subject to conditions, the landowner may, within 30 days after receiving a copy of the official written communication of the Dallas Borough Council notify such Council of his refusal to accept all said conditions, in which case the Borough Council shall be deemed to have denied tentative approval of the development plan. In the event the landowner does not, within said period, notify the Council of his refusal to accept all said conditions, tentative approval of the development plan, with all said conditions, shall stand as granted.
B. The grant or denial of tentative approval by official written communication shall include not only conclusions but also findings of fact related to the specific proposal and shall set forth the reasons for the grant, with or without conditions, or for the denial, and said communication shall set forth with particularity in what respects the development plan would or would not be in the public interest, including, but not limited to, findings of fact and conclusions on the following:
(1) In those respects in which the development plan is or is not consistent with the Comprehensive Plan for the development of Dallas Borough.
(2) The extent to which the development plan departs from zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to, density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
(3) The purpose, location and amount of the common open space in the planned residential development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.
(4) The physical design of the development plan and the manner in which said design does or does not make adequate provisions for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.
(5) The relationship, beneficial or adverse, of the proposed planned residential development to the neighborhood in which it is proposed to be established.
(6) In the case of a development plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public and of the residents of the planned residential development in the integrity of the development plan.
C. In the event a development plan is granted tentative approval, with or without conditions, the Council may set forth in the official written communication the time within which an application for final approval of the development plan shall be filed or, in the case of a development plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. Except upon the consent of the landowner, the time so established between grant of tentative approval and an application for final approval shall not be less than 3 months and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months.
11. Status of Plan After Tentative Approval.
A. The official written communication provided for in this Section shall be certified by the Secretary of the Council and shall be filed in his or her office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the Zoning Map, effective upon final approval and shall be noted on the Zoning Map.
B. Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any zoning (building) permits. A development plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified or revoked nor otherwise impaired by action of the Borough pending an application or applications for final approval, without the consent of the landowner, provided an application for final approval is filed, or, in the case or development over a period of years, provided applications are filed, within the periods of time specified in the official written communication granting tentative approval.
C. In the event that a development plan is given tentative approval, and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Council in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or times, an the case may be, the tentative approval shall be deemed to be revoked, and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those local ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the Zoning Map and in the records of the Secretary of Dallas Borough.
12. Application for Final Approval.
A. An application for final approval may be for all the land included in a development plan or, to the extent set forth in the tentative approval, a section thereof. Said application shall be made to the Council and within the time or times specified by the official written communication granting tentative approval. If the application for final approval of the development plan or part thereof, is in compliance with the tentatively approved development plan and with any specified conditions attached thereto, a public hearing need not be held.
B. The application for final approval shall show all information as required on the final plan map in the Luzerne County Subdivision and Land Development Ordinance. (A.O.)
C. In the event the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by this Chapter and the official written communication of tentative approval, the Council shall, within 45 days of such filing, grant such development plan final approval.
D. In the event the development plan as submitted contains variations from the development plan given tentative approval, the Council may refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:
(1) Refile his application for final approval without the variations objected.
(2) File a written request with the Council that it hold a public hearing on his application for final approval.
If the landowner wishes to take either such alternate action, he may do so at any time within which he shall be entitled to apply for final approval, or within 30 additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance.
In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan.
Any such public hearing shall be held pursuant to public notice within 30 days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed in this Chapter for public hearings on applications for tentative approval. Within 30 days after the conclusion of the hearing, the Council shall by official written communication either grant final approval to the development plan or deny final approval.
The grant or denial of final approval of the development plan shall, in cases arising under this subsection, be in the form and contain the findings required for an application for tentative approval set forth in this Section.
E. A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Council and shall be filed of record forthwith in the Office of Recorder of Deeds of Luzerne County before any development shall take place in accordance therewith. Upon the filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion, in accordance with the time provisions stated in the Luzerne County Subdivision and Land Development Ordinance, of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plan, the developer shall record the plan in accordance with the provisions of the Luzerne County Subdivision and Land Development Ordinance and post financial security also in accordance with that ordinance. (A.O.)
F. In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Council in writing; or, in the event the landowner shall fail to commence and carry out the planned residential development, in accordance with the time provisions stated in the Luzerne County Subdivision and Land Development Ordinance, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is reclassified by enactment of an amendment to this Chapter in the manner prescribed for such amendments in Part 12. (A.O.)
13. Jurisdiction. Magisterial district judges shall have initial jurisdiction over proceedings brought under the provision for enforcement remedies in subsection .14 below. (A.O.)
14. Enforcement Remedies.
A. Any person, partnership or corporation, who or which has violated the planned residential development provisions of any land use ordinance enacted by Dallas Borough in accordance with the MPC, 53 P.S. §§ 10101 et seq., 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. (A.O.)
No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the magisterial district judge. (A.O.)
If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the appropriate 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 here was a good faith basis for the person, partnership or corporation violating the ordinance 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 fiftieth 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. (A.O.)
All judgments, costs and reasonable attorney fees collected for the violation of planned residential development provisions shall be paid over to the Borough.
B. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C. Nothing contained in this subsection 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 subsection.
(Ord. 2009-3, 12/16/2009, § 704; as amended by A.O.)