Enforcement and modification of provisions of plan.
To ensure the integrity of the development plan and guarantee that modifications in the plan do not 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 the use, bulk and location of buildings and structures; the quantity and location of common open space, except as otherwise provided in this chapter; and the intensity of use or the density of residential units shall run in favor of the Borough. These provisions 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. Furthermore, these provisions, whether recorded by plat, covenant, easement or otherwise, may be enforced by law or equity by said residents acting individually, jointly or through an organization designated in the development plan to act on their behalf. No provisions of the development plan shall, however, 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 the 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 to 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 the findings 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 the Planning Code. These findings must indicate that the changes are consistent with the efficient development and preservation of the entire planned residential development, do not adversely affect the enjoyment of land abutting upon or across the street from the planned residential development or the public interest, and are 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.
Zoning Officer and permits.
No building shall be erected in any planned residential development without a building permit having been obtained therefor. The provisions of §§
400-35 and
400-36 of this chapter shall apply to planned residential developments.
Dedication.
The provisions of the Subdivision Ordinance, Chapter
380, §
380-27, shall apply to planned residential developments.
Violations and penalties.
A. Any person, partnership or corporation who or which has violated the planned residential development provisions of any ordinance enacted under the Planning Code or enabling laws 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 attorneys' fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be 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 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 there 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 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. All judgments, costs and reasonable attorneys' 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 final adjudication of the violation and judgment.