A. This title governs the subdivision of all land within the borough. No subdivision plat requiring borough approval shall be recorded unless approved by the borough or a standard subdivision agreement has been executed with the borough.

B. These subdivision regulations do not apply to any lot or subdivision legally created and filed for record prior to the effective date of these regulations, nor to subdivisions given preliminary or final approval by the commission under the previously existing title, except in the instance of further subdivision of existing lots or tracts.

C. The owner or agent of the owner of land located within a subdivision who transfers, sells, or enters into a contract to sell land in a subdivision before a plat of the subdivision has been approved and recorded is guilty of a violation and upon conviction is punishable by a fine of not more than $300.00 for each lot or parcel transferred, sold, or included in a contract to be sold. The borough may enjoin such a transfer, sale, or contract to sell and may recover the penalty by appropriate legal action.

D. No agency of the state or local government may acquire property through the process of eminent domain which results in a boundary change unless the agency or local government first obtains from the commission preliminary approval of the replat showing clearly the location of the proposed public streets, easements, rights-of-way, and other taking of private property.

Final approval of the replat shall be obtained within six months of the acquisition. The commission shall treat applications for replat made by state or local governmental agencies in the same manner as replat petitions originated by private land owners.

E. No person may file a plat or seek to have a plat filed unless it bears the approval of the borough. A person who knowingly violates this requirement is punishable upon conviction by a fine of not more than $300.00.

F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of any plat or other entitlement approved under this title, and to obtain damages for any injury the plaintiff suffered as a result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and a finding of an existing or threatened violation, the superior court shall enjoin the violation. [Ord. FY2020-09 §15, 2020; Ord. FY2020-02 §2, 2019; Ord. 90-15 §2, 1990].