A. Location.

B. Duration. Permit approvals are valid only during developer’s compliance with this title and the terms and conditions of approval. The manager or commission, as appropriate, may place limits on the duration of a permit or establish a longer or shorter duration. Unless otherwise stated in the permit, it expires automatically 24 months after issuance if the developer has not substantially completed construction of the roof and gross building area of the permitted activity or improvement.

C. Extensions. Requests for extensions of an approval period after the initial 24-month period shall require a new application and fees and shall be subject to the appropriate approval process.

D. Revocation of Permits. Permit conditions may provide that the permit shall be automatically revoked upon the occurrence of a certain event or events, or at a date certain, but in no event shall a permit expire less than 90 days after it was issued. In such case it shall be the sole responsibility of the owner to apply for a new permit. Any condition mandating the revocation of a permit shall state the grounds therefor with particularity and shall state with particularity the requirements to be reviewed upon re-issuance. Thereafter, re-issuance shall be determined solely on the issue of the development’s compliance with the specified requirement.

E. Approved Uses. Approved uses, unless ordered to cease by the manager, shall be allowed to continue during the appeal of the issuance of an approval.

F. Conditions. The assembly, commission, or manager may place conditions upon issuance of any approval which are necessary or desirable to ensure that a rule, policy, standard or intent will be implemented in a manner consistent with this title, the comprehensive plan and any rule, policy or standard implementing them.

G. Compliance. Any permit or approval issued under this title shall require compliance with the state fire code and any other federal, state or local regulations applicable to the activity. The manager, on any land use permits, and the commission, on any special conditions permits, shall, prior to approval, require the State Fire Marshal’s written approval that the requirements of the Fire Marshal’s office have been met on any commercial or industrial structures contained in the application.

H. Liability. The issuance of a permit or approval under this title or enforcement or lack of enforcement of any such permit or approval shall not be deemed grounds for borough liability arising out of the errors or omissions of the developer or the person who received the approval.

I. Finding. A permit approval shall include a written finding that the proposed use can occur consistent with the comprehensive plan, harmoniously with other activities allowed in the zone and will not disrupt the character of the neighborhood. Such findings and conditions of approval shall be in writing and become part of the record and the case file. (Ord. 19-03-527 § 5; Ord. 19-02-520 § 5; Ord. 13-12-360 § 4; Ord. 12-05-291 § 5; Ord. 06-06-146; Ord. 05-03-100)

A. An agenda item on the posted agenda;

B. Publication of the time, date and place of the meeting and the agenda item in a newspaper of general circulation in the borough a minimum of 10 business days prior to the date of the meeting;

C. All property owners within an area of 500 feet from the location of a proposed variance, conditional use or rezoning, or section line easement, and all property owners abutting a transportation corridor identified in a conditional use permit application shall be notified in writing of the application, the date of the hearing thereon, the proposed use or zone, and the fact that further information is available from the manager. Such notification shall be issued at least 10 business days prior to the conduct of the hearing.

D. Property owner notification described in subsection (C) of this section shall be extended to a one-mile radius for conditional use permits in the general use zone. (Ord. 23-07-647 § 4; Ord. 23-05-644 § 4; Ord. 20-01-560 § 5; Ord. 19-02-523 § 5; Ord. 17-06-459 § 4)

A. The commission shall annually, after each general election of the borough, elect a chair who has the ability to vote on any question and is considered as part of a constituted quorum and such other officers as it deems necessary or desirable in the discharge of its powers and duties.

B. No action shall be taken by the commission except where a duly authorized quorum exists at a properly noticed public meeting. Four affirmative votes are required for the passage of any motion, excepting the provisions for filling of vacancy as provided in HBC 2.10.250.

C. The commission shall meet on the third Thursday of each month at 6:30 p.m., or at another regularly scheduled time as determined by a majority vote of the commission, or upon call of the chair. An agenda shall be prepared in packet form for each meeting and provided to the commissioners and the public five calendar days in advance of the meeting. The agenda shall state the name of the Haines planning commission, the time, date and place of the meeting and a list of all agenda items. The agenda shall give a brief description of each item to be addressed, proposed development or other activity and state the action requested of the planning commission. The agenda shall be publicly posted in the same locations and manner as those for the assembly meetings.

D. The commission shall keep a permanent record of its meetings in the form of meeting minutes, and the manager shall provide secretarial and other assistance to the commission to assist in this duty. The minutes of the meetings shall be copied and placed in the packets of the borough assembly members for their next regularly scheduled meeting. Minutes and records shall be filed with borough clerk and retained as public records.

E. The commission shall conduct its activities within the requirements of Chapter 2.60 HBC, Committees, Boards and Commissions, unless specifically superseded by a section under this chapter.

F. The commission shall make such other rules and regulations governing the conduct of its business as it deems necessary or desirable.

G. The commission may prepare and make recommendations to the borough assembly for amendments to this title.

H. The commission shall review annually the capital improvements program of the borough and submit its recommendations thereon to the borough assembly. The manager shall submit the capital improvements program to the commission in a reasonable period in advance of the fiscal year.

I. State and Borough Project Review.

J. The commission shall report to the borough assembly on all preliminary and final plats the commission has processed as the platting authority (see Chapter 18.100 HBC).

K. A comprehensive plan is a compilation of policy statements and maps for guiding the physical, social and economic development, both private and public, of the borough, and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a lands classification plan and requirements for disposal of borough lands, a community facilities plan, a transportation plan, and recommendations for plan implementations. The assembly shall be guided in the adoption of the comprehensive plan by the recommendations of the planning commission. The assembly may modify the plan, provided it first obtains the recommendations of the planning commission. The planning commission shall undertake the overall review of the plan at least once every six years and shall present recommendations based on the review to the assembly. (Ord. 24-04-676 § 4; Ord. 23-05-643 § 5; Ord. 23-02-638 § 5; Ord. 23-01-634 § 4; Ord. 19-02-524 § 4; Ord. 18-04-494 § 5; Ord. 17-01-449 § 4; Ord. 16-10-446 § 4; Ord. 16-01-429 § 4; Ord. 14-01-363 § 13; Ord. 06-06-145)

A. The commission shall decide at its next regularly scheduled meeting whether to rehear the manager’s decision. The commission shall decline to hear appeals in which the particular grounds for the appeal have not been stated. Any aggrieved person, including the developer, may appear at that meeting and explain to the commission why or why not it should rehear the manager’s decision. If the commission chooses to rehear the decision, it may choose to rehear the entire decision, or any portion thereof.

B. If the commission decides to rehear a decision, or any portion thereof, it shall then immediately do so at that meeting and make its decision.

C. A decision by the manager shall not be stayed pending appeal, but action by the appellee in reliance on the decision shall be at the risk that the decision may be reversed on appeal.

D. The commission’s decision may be appealed to the borough assembly pursuant to HBC 18.30.060. (Ord. 14-02-369 § 4; Ord. 05-02-091; Ord. 04-05-078)

A. If the borough assembly chooses to rehear the decision, it may choose to rehear the entire decision or any portion thereof. If it decides to rehear a decision or any portion thereof, it shall give public notice (as described in HBC 18.20.020), conduct a public hearing and make its decision at its next regularly scheduled meeting.

B. In all re-hearings the burden of proof shall be on the party challenging the decision of the commission.

C. A decision by the commission shall not be stayed pending appeal, but action by the appellee in reliance on the decision, shall be at the risk that the decision may be reversed on appeal.

D. The borough assembly hereby provides for an appeal by a municipal officer or person aggrieved from a decision of a hearing officer or other body to the superior court. An appeal to the superior court under this section is an administrative appeal heard solely on the record established by the hearing officer or other body. (Ord. 23-07-647 § 5; Ord. 12-05-291 § 6; Ord. 05-02-091; Ord. 04-05-078)

A. The fees for various permits are as follows:

B. Penalties.

C. An applicant having been processed under a permit listed above, who subsequently encounters the requirement of another permit type, shall be charged the permit fee which is the highest, including any permit fees paid with the original application (i.e., an applicant who pays $50.00 for a land use permit who then is required to apply for a variance shall be charged only $150.00 for the entire process).

D. Multiple buildings or improvements and/or multiple variance requests as part of a single application for the same site will be considered as one permit respectively and not subject to successive permit fees.

E. The planning commission may recommend to the assembly that charges and fees be stayed. The assembly may stay the fees under subsection (A) of this section if it is in the best interest of the municipality to do so and special circumstances warrant. The action must be made in writing and made part of the borough assembly’s public record. (Ord. 21-07-587 § 5; Ord. 19-06-542 § 4; Ord. 13-12-361 § 5; Ord. 13-10-353 § 4; Ord. 06-06-146)

A. Violation Complaint. Any person may bring to the attention of the manager suspected violations of this title. The complaint must be in writing and must include the full name of the person making the complaint.

B. Enforcement Order. After a violation has been discovered, investigated and verified, the manager shall notify, by written finding, the person responsible for the violation and the property owner by personal notice, certified mail or notice posted on the site of the violation. The finding shall specify the violation(s) and order abatement and may also (but is not required to) specify the range of fines or penalties to be imposed. The finding shall direct the person to cease the violation, or appeal the finding within two days after receipt or posting of the notice, as the case may be. All violation notices will be reported by the manager to the commission at its next regular meeting and the manager shall keep a copy of the violation notice in the permanent record.

C. Planning Commission Review. Upon application of the developer, the commission shall review the enforcement order at its next regular meeting. The review shall be limited to the presence of the violations stated in the enforcement order, and in such review, the burden of proof shall be upon the developer to prove that the violations do not exist. The commission, by majority motion, may modify or rescind the enforcement order.

A. Generally. All remedies hereunder are cumulative and are in addition to those existing at law or equity. Each act in violation of this title and every day a violation of this title exists may be considered to constitute a separate violation.

B. Suspension or Revocation. The planning commission may suspend or revoke a permit whenever the approval granted is in error or is on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any provision of this code. Before taking any action to revoke or suspend a permit or variance, the planning commission shall give the permit owner and/or the owner of the property 20 days’ written notice by certified U.S. mail in advance of the date of hearing, of the subject of the hearing, and of the date, time, and place of the hearing. This notice is complete upon mailing. The planning commission shall thereafter hold the hearing at the time and place set forth in the notice. At the hearing, the permittee may present evidence on the permittee’s behalf and may cross-examine witnesses. The burden of proof is on the planning commission. After the hearing, the planning commission shall make written findings of fact from the evidence supporting the conclusion that the permittee has failed to comply with the conditions of the permit or variance (in cases were the permit or variance is revoked or suspended), or the permittee has not failed to comply with the conditions of the permit or variance (in cases were the permit or variance is not revoked or suspended). The findings shall be embodied in formal resolution that the planning commission shall retain permanently. After the variance or permit has been revoked or suspended, the permittee shall thereafter immediately discontinue the use of the property for which the permit or variance had originally been granted. If, after the a permit or variance has been revoked or suspended, the permittee does not immediately discontinue the use of the property for which the permit or variance had originally been granted, a civil penalty not to exceed $300.00 for each day of continuing violation may be imposed. The manager, on behalf of the borough, or the planning commission, may also apply to the superior court for an injunction to restrain the former permittee from using the land for the purposes previously authorized in the permit or variance.

C. Civil Remedies. Upon violation of any of the provisions of this title, or any of the conditions placed upon any permit issued pursuant hereto, the manager, on behalf of the borough or any aggrieved citizen, may institute or cause to be instituted any appropriate civil action to prevent, enjoin, abate, stop, remove or punish such violation and to obtain monetary damages suffered by such party. In addition to injunctive and compensatory relief, each violation shall be subject to a civil penalty not to exceed $1,000. An action to enjoin a violation of this title may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the court shall grant injunctive relief to restrain the violation. Each person violating the terms of this title shall be required to reimburse the municipality for administrative and legal costs commensurate with the activity relating to the violation.

D. Criminal Remedies. Every act where the maintenance of any condition prohibited by this title, or by any condition placed upon any permit issued pursuant hereto, is unlawful, and the willful commission of such act or maintenance of such condition is a misdemeanor. Every person convicted of a violation of any provision of this title or of any condition placed upon any permit issued pursuant hereto shall be punished by a fine of not more than $1,000. Each unlawful act or condition, and every day upon which such shall occur after date of notification, shall constitute a separate violation of this section.

E. Parties. A proper party for any enforcement action under subsection (B) of this section shall include, but shall not be limited to, the owner of the site or any part thereof; any lessee or occupant of the site or any part thereof; the developer, the developer’s agents, contractors and subcontractors, and employees who participate in, assist, commit, or maintain a violation.

F. Remedies Applicable to Subdivision Regulations. It is unlawful for any owner, lessee or agent to partition, sell, transfer, lease or offer or agree to partition, sell, lease or transfer any land which results in a subdivision as defined by this title before a final plat of the subdivision has been duly approved and recorded in accordance with the provisions of this chapter and state law. No person may file or record a subdivision plat in any public office unless the plat bears the signatures of the chair of the planning commission and the mayor. The borough may enjoin any partition, lease, transfer or sale of land that would result in an unlawful subdivision. Following an unlawful partition, transfer, lease or sale, the borough may enjoin any further transfer or sale of all unlawfully subdivided parcels until such time as the parcels are duly subdivided or returned to common ownership.

A. The developer shall make reasonable efforts to conduct emergency operations in a manner that avoids or minimizes significant harm to the environment, consistent with the need to protect property or human life.

B. In the event of a natural disaster, fire, uncontrolled release or discharge of oil, petroleum products, or hazardous materials any person may undertake emergency construction and other activities reasonably necessary to control and contain discharge, consistent with an approved oil spill or other emergency plan.

C. A developer shall inform the manager of any action taken within the scope of this section within 24 hours of the taking of the emergency action.

A. Location.

B. Duration. Permit approvals are valid only during developer’s compliance with this title and the terms and conditions of approval. The manager or commission, as appropriate, may place limits on the duration of a permit or establish a longer or shorter duration. Unless otherwise stated in the permit, it expires automatically 24 months after issuance if the developer has not substantially completed construction of the roof and gross building area of the permitted activity or improvement.

C. Extensions. Requests for extensions of an approval period after the initial 24-month period shall require a new application and fees and shall be subject to the appropriate approval process.

D. Revocation of Permits. Permit conditions may provide that the permit shall be automatically revoked upon the occurrence of a certain event or events, or at a date certain, but in no event shall a permit expire less than 90 days after it was issued. In such case it shall be the sole responsibility of the owner to apply for a new permit. Any condition mandating the revocation of a permit shall state the grounds therefor with particularity and shall state with particularity the requirements to be reviewed upon re-issuance. Thereafter, re-issuance shall be determined solely on the issue of the development’s compliance with the specified requirement.

E. Approved Uses. Approved uses, unless ordered to cease by the manager, shall be allowed to continue during the appeal of the issuance of an approval.

F. Conditions. The assembly, commission, or manager may place conditions upon issuance of any approval which are necessary or desirable to ensure that a rule, policy, standard or intent will be implemented in a manner consistent with this title, the comprehensive plan and any rule, policy or standard implementing them.

G. Compliance. Any permit or approval issued under this title shall require compliance with the state fire code and any other federal, state or local regulations applicable to the activity. The manager, on any land use permits, and the commission, on any special conditions permits, shall, prior to approval, require the State Fire Marshal’s written approval that the requirements of the Fire Marshal’s office have been met on any commercial or industrial structures contained in the application.

H. Liability. The issuance of a permit or approval under this title or enforcement or lack of enforcement of any such permit or approval shall not be deemed grounds for borough liability arising out of the errors or omissions of the developer or the person who received the approval.

I. Finding. A permit approval shall include a written finding that the proposed use can occur consistent with the comprehensive plan, harmoniously with other activities allowed in the zone and will not disrupt the character of the neighborhood. Such findings and conditions of approval shall be in writing and become part of the record and the case file. (Ord. 19-03-527 § 5; Ord. 19-02-520 § 5; Ord. 13-12-360 § 4; Ord. 12-05-291 § 5; Ord. 06-06-146; Ord. 05-03-100)

A. An agenda item on the posted agenda;

B. Publication of the time, date and place of the meeting and the agenda item in a newspaper of general circulation in the borough a minimum of 10 business days prior to the date of the meeting;

C. All property owners within an area of 500 feet from the location of a proposed variance, conditional use or rezoning, or section line easement, and all property owners abutting a transportation corridor identified in a conditional use permit application shall be notified in writing of the application, the date of the hearing thereon, the proposed use or zone, and the fact that further information is available from the manager. Such notification shall be issued at least 10 business days prior to the conduct of the hearing.

D. Property owner notification described in subsection (C) of this section shall be extended to a one-mile radius for conditional use permits in the general use zone. (Ord. 23-07-647 § 4; Ord. 23-05-644 § 4; Ord. 20-01-560 § 5; Ord. 19-02-523 § 5; Ord. 17-06-459 § 4)

A. The commission shall annually, after each general election of the borough, elect a chair who has the ability to vote on any question and is considered as part of a constituted quorum and such other officers as it deems necessary or desirable in the discharge of its powers and duties.

B. No action shall be taken by the commission except where a duly authorized quorum exists at a properly noticed public meeting. Four affirmative votes are required for the passage of any motion, excepting the provisions for filling of vacancy as provided in HBC 2.10.250.

C. The commission shall meet on the third Thursday of each month at 6:30 p.m., or at another regularly scheduled time as determined by a majority vote of the commission, or upon call of the chair. An agenda shall be prepared in packet form for each meeting and provided to the commissioners and the public five calendar days in advance of the meeting. The agenda shall state the name of the Haines planning commission, the time, date and place of the meeting and a list of all agenda items. The agenda shall give a brief description of each item to be addressed, proposed development or other activity and state the action requested of the planning commission. The agenda shall be publicly posted in the same locations and manner as those for the assembly meetings.

D. The commission shall keep a permanent record of its meetings in the form of meeting minutes, and the manager shall provide secretarial and other assistance to the commission to assist in this duty. The minutes of the meetings shall be copied and placed in the packets of the borough assembly members for their next regularly scheduled meeting. Minutes and records shall be filed with borough clerk and retained as public records.

E. The commission shall conduct its activities within the requirements of Chapter 2.60 HBC, Committees, Boards and Commissions, unless specifically superseded by a section under this chapter.

F. The commission shall make such other rules and regulations governing the conduct of its business as it deems necessary or desirable.

G. The commission may prepare and make recommendations to the borough assembly for amendments to this title.

H. The commission shall review annually the capital improvements program of the borough and submit its recommendations thereon to the borough assembly. The manager shall submit the capital improvements program to the commission in a reasonable period in advance of the fiscal year.

I. State and Borough Project Review.

J. The commission shall report to the borough assembly on all preliminary and final plats the commission has processed as the platting authority (see Chapter 18.100 HBC).

K. A comprehensive plan is a compilation of policy statements and maps for guiding the physical, social and economic development, both private and public, of the borough, and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a lands classification plan and requirements for disposal of borough lands, a community facilities plan, a transportation plan, and recommendations for plan implementations. The assembly shall be guided in the adoption of the comprehensive plan by the recommendations of the planning commission. The assembly may modify the plan, provided it first obtains the recommendations of the planning commission. The planning commission shall undertake the overall review of the plan at least once every six years and shall present recommendations based on the review to the assembly. (Ord. 24-04-676 § 4; Ord. 23-05-643 § 5; Ord. 23-02-638 § 5; Ord. 23-01-634 § 4; Ord. 19-02-524 § 4; Ord. 18-04-494 § 5; Ord. 17-01-449 § 4; Ord. 16-10-446 § 4; Ord. 16-01-429 § 4; Ord. 14-01-363 § 13; Ord. 06-06-145)

A. The commission shall decide at its next regularly scheduled meeting whether to rehear the manager’s decision. The commission shall decline to hear appeals in which the particular grounds for the appeal have not been stated. Any aggrieved person, including the developer, may appear at that meeting and explain to the commission why or why not it should rehear the manager’s decision. If the commission chooses to rehear the decision, it may choose to rehear the entire decision, or any portion thereof.

B. If the commission decides to rehear a decision, or any portion thereof, it shall then immediately do so at that meeting and make its decision.

C. A decision by the manager shall not be stayed pending appeal, but action by the appellee in reliance on the decision shall be at the risk that the decision may be reversed on appeal.

D. The commission’s decision may be appealed to the borough assembly pursuant to HBC 18.30.060. (Ord. 14-02-369 § 4; Ord. 05-02-091; Ord. 04-05-078)

A. If the borough assembly chooses to rehear the decision, it may choose to rehear the entire decision or any portion thereof. If it decides to rehear a decision or any portion thereof, it shall give public notice (as described in HBC 18.20.020), conduct a public hearing and make its decision at its next regularly scheduled meeting.

B. In all re-hearings the burden of proof shall be on the party challenging the decision of the commission.

C. A decision by the commission shall not be stayed pending appeal, but action by the appellee in reliance on the decision, shall be at the risk that the decision may be reversed on appeal.

D. The borough assembly hereby provides for an appeal by a municipal officer or person aggrieved from a decision of a hearing officer or other body to the superior court. An appeal to the superior court under this section is an administrative appeal heard solely on the record established by the hearing officer or other body. (Ord. 23-07-647 § 5; Ord. 12-05-291 § 6; Ord. 05-02-091; Ord. 04-05-078)

A. The fees for various permits are as follows:

B. Penalties.

C. An applicant having been processed under a permit listed above, who subsequently encounters the requirement of another permit type, shall be charged the permit fee which is the highest, including any permit fees paid with the original application (i.e., an applicant who pays $50.00 for a land use permit who then is required to apply for a variance shall be charged only $150.00 for the entire process).

D. Multiple buildings or improvements and/or multiple variance requests as part of a single application for the same site will be considered as one permit respectively and not subject to successive permit fees.

E. The planning commission may recommend to the assembly that charges and fees be stayed. The assembly may stay the fees under subsection (A) of this section if it is in the best interest of the municipality to do so and special circumstances warrant. The action must be made in writing and made part of the borough assembly’s public record. (Ord. 21-07-587 § 5; Ord. 19-06-542 § 4; Ord. 13-12-361 § 5; Ord. 13-10-353 § 4; Ord. 06-06-146)

A. Violation Complaint. Any person may bring to the attention of the manager suspected violations of this title. The complaint must be in writing and must include the full name of the person making the complaint.

B. Enforcement Order. After a violation has been discovered, investigated and verified, the manager shall notify, by written finding, the person responsible for the violation and the property owner by personal notice, certified mail or notice posted on the site of the violation. The finding shall specify the violation(s) and order abatement and may also (but is not required to) specify the range of fines or penalties to be imposed. The finding shall direct the person to cease the violation, or appeal the finding within two days after receipt or posting of the notice, as the case may be. All violation notices will be reported by the manager to the commission at its next regular meeting and the manager shall keep a copy of the violation notice in the permanent record.

C. Planning Commission Review. Upon application of the developer, the commission shall review the enforcement order at its next regular meeting. The review shall be limited to the presence of the violations stated in the enforcement order, and in such review, the burden of proof shall be upon the developer to prove that the violations do not exist. The commission, by majority motion, may modify or rescind the enforcement order.

A. Generally. All remedies hereunder are cumulative and are in addition to those existing at law or equity. Each act in violation of this title and every day a violation of this title exists may be considered to constitute a separate violation.

B. Suspension or Revocation. The planning commission may suspend or revoke a permit whenever the approval granted is in error or is on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any provision of this code. Before taking any action to revoke or suspend a permit or variance, the planning commission shall give the permit owner and/or the owner of the property 20 days’ written notice by certified U.S. mail in advance of the date of hearing, of the subject of the hearing, and of the date, time, and place of the hearing. This notice is complete upon mailing. The planning commission shall thereafter hold the hearing at the time and place set forth in the notice. At the hearing, the permittee may present evidence on the permittee’s behalf and may cross-examine witnesses. The burden of proof is on the planning commission. After the hearing, the planning commission shall make written findings of fact from the evidence supporting the conclusion that the permittee has failed to comply with the conditions of the permit or variance (in cases were the permit or variance is revoked or suspended), or the permittee has not failed to comply with the conditions of the permit or variance (in cases were the permit or variance is not revoked or suspended). The findings shall be embodied in formal resolution that the planning commission shall retain permanently. After the variance or permit has been revoked or suspended, the permittee shall thereafter immediately discontinue the use of the property for which the permit or variance had originally been granted. If, after the a permit or variance has been revoked or suspended, the permittee does not immediately discontinue the use of the property for which the permit or variance had originally been granted, a civil penalty not to exceed $300.00 for each day of continuing violation may be imposed. The manager, on behalf of the borough, or the planning commission, may also apply to the superior court for an injunction to restrain the former permittee from using the land for the purposes previously authorized in the permit or variance.

C. Civil Remedies. Upon violation of any of the provisions of this title, or any of the conditions placed upon any permit issued pursuant hereto, the manager, on behalf of the borough or any aggrieved citizen, may institute or cause to be instituted any appropriate civil action to prevent, enjoin, abate, stop, remove or punish such violation and to obtain monetary damages suffered by such party. In addition to injunctive and compensatory relief, each violation shall be subject to a civil penalty not to exceed $1,000. An action to enjoin a violation of this title may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the court shall grant injunctive relief to restrain the violation. Each person violating the terms of this title shall be required to reimburse the municipality for administrative and legal costs commensurate with the activity relating to the violation.

D. Criminal Remedies. Every act where the maintenance of any condition prohibited by this title, or by any condition placed upon any permit issued pursuant hereto, is unlawful, and the willful commission of such act or maintenance of such condition is a misdemeanor. Every person convicted of a violation of any provision of this title or of any condition placed upon any permit issued pursuant hereto shall be punished by a fine of not more than $1,000. Each unlawful act or condition, and every day upon which such shall occur after date of notification, shall constitute a separate violation of this section.

E. Parties. A proper party for any enforcement action under subsection (B) of this section shall include, but shall not be limited to, the owner of the site or any part thereof; any lessee or occupant of the site or any part thereof; the developer, the developer’s agents, contractors and subcontractors, and employees who participate in, assist, commit, or maintain a violation.

F. Remedies Applicable to Subdivision Regulations. It is unlawful for any owner, lessee or agent to partition, sell, transfer, lease or offer or agree to partition, sell, lease or transfer any land which results in a subdivision as defined by this title before a final plat of the subdivision has been duly approved and recorded in accordance with the provisions of this chapter and state law. No person may file or record a subdivision plat in any public office unless the plat bears the signatures of the chair of the planning commission and the mayor. The borough may enjoin any partition, lease, transfer or sale of land that would result in an unlawful subdivision. Following an unlawful partition, transfer, lease or sale, the borough may enjoin any further transfer or sale of all unlawfully subdivided parcels until such time as the parcels are duly subdivided or returned to common ownership.

A. The developer shall make reasonable efforts to conduct emergency operations in a manner that avoids or minimizes significant harm to the environment, consistent with the need to protect property or human life.

B. In the event of a natural disaster, fire, uncontrolled release or discharge of oil, petroleum products, or hazardous materials any person may undertake emergency construction and other activities reasonably necessary to control and contain discharge, consistent with an approved oil spill or other emergency plan.

C. A developer shall inform the manager of any action taken within the scope of this section within 24 hours of the taking of the emergency action.