[Amended 12-22-2004 by Ord. No. 1001]
A. The Planning Commission may grant a modification of
the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of this chapter is observed.
B. All requests for a modification shall be in writing
and shall accompany and be part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
C. The modification, if authorized, will represent the
minimum deviation that will afford relief and will represent the least
modification possible of the regulation in issue.
D. The condition leading to the request for modification
shall not have been created by the applicant.
E. The Planning Commission shall keep a written record
of all action on all requests for modification.
F. The specific wording of the modification shall be
written in ink upon the recording tracing and signed and dated by
the Chairman of the Planning Commission, if the modification is granted.
If the modification is denied, the owner and/or developer may not
again submit the same application for modification for a least one
year after such rejection.
[Amended 8-9-1989 by Ord. No. 907]
A. The provisions of this chapter may from time to time
be amended, supplemented, changed or repealed in accordance with the
following procedure and with the current regulations of the Pennsylvania
Municipalities Planning Code.
B. A proposal for an amendment may be initiated in any
of the following ways:
(1) A request of the Planning Commission by the Board
of Supervisors.
(2) A proposal by the Planning Commission.
(3) A petition presented to the Planning Commission by
a property owner in the municipality or by a prospective owner who
has entered into an agreement to purchase property in the municipality.
C. Procedures for consideration.
(1) Upon receiving a request or petition for an amendment
or upon making a proposal, the Planning Commission shall prepare a
report on the proposal with a copy sent to the Board of Supervisors,
who shall schedule a public hearing to consider the proposed amendment.
(2) The public hearing shall be advertised in a newspaper
of general local circulation at least once in each of two consecutive
weeks, the first notice appearing not more than 30 days and the second
notice shall not be less than seven days from the date of the hearing.
The notice shall indicate the date, time and place of the hearing,
a synopsis of the amendment, and the place within the Township where
copies of the proposed amendment may be secured or examined.
(3) When the Board of Supervisors proposes an amendment,
it shall allow the Commission at least 30 days prior to the public
hearing to review and make recommendations on the proposed amendment.
Additionally, regardless of who prepared the amendment, at least 30
days prior to the public hearing the proposed amendment shall be submitted
to the County Planning Commission for recommendations.
(4) The Board of Supervisors shall hold the public hearing
and shall vote approval or disapproval within 90 days after conclusion
of the public hearing. If approved, within 30 days after adoption,
the Board of Supervisors shall forward a certified copy of the amendment
to the County Planning Commission.
(5) If a proposed amendment is substantially changed after
public hearing, the Board of Supervisors shall hold an additional
public hearing before voting for or against adoption.
(6) If a proposed amendment is changed after public hearing,
the Board of Supervisors shall hold an additional public hearing before
voting for or against adoption.
(7) Appeal from decisions of the Board of Supervisors
on amendments shall be to the County Court of Common Pleas.
(8) A proposed amendment, once finally denied, may not
again be considered for adoption in its original form for at least
one year after such denial unless new circumstances, such as a major
revision in the proposed text, would warrant such reconsideration.
Any person, partnership or corporation who or
which being the owner or agent of the owner of any lot, tract or parcel
of land, who lays out or subdivides any lot, tract or parcel of land,
constructs, opens or dedicates any street, sanitary sewer, stormwater
sewer, water main or other improvement for public use, travel or other
purposes or for the common use of occupants of buildings abutting
thereon, or who sells, transfers or agrees or enters into an agreement
to sell any land in a subdivision or land development whether by reference
to or by other use of a plat of such subdivision or land development,
or erects any building thereon, without a final plat having been prepared
in full compliance with the provisions of this chapter and without
having recorded the plan as provided herein, shall be guilty of violating
the provisions of this chapter, and upon conviction thereof in a civil
enforcement proceeding commenced by the governing body, such person
or member of such partnership or the officers of such corporation,
or the agent or any of them responsible for such violation shall pay
a judgment of not more than $500 plus all court costs, including reasonable
attorneys' fees incurred by the municipality as a result thereof.
Each lot or parcel within a subdivision on which a violation is found
may be considered a separate offense. All fines collected for such
violations shall be paid over to the municipality. The description
by metes and bounds in the instrument of transfer or other document
used in the process of selling or transferring shall not exempt the
seller or transferor from such penalties.
[Amended 12-22-2004 by Ord. No. 1001; 4-12-2006 by Ord. No.
1018]
A. Fees for subdivision plans and/or land development
plans shall be established by the White Township Board of Supervisors.
Such administrative, filing, review, and inspection fees may be separate
for various alternative forms of subdivision and/or land development.
Review fees shall include the review of subdivision plans, land development
site plans, mobile home park plans and stormwater management plans.
Fees may also include the field inspection of such plats, plans or
site plans or their final inspection. The fees charged shall be in
accordance with § 503(1), 509 and 510 of the Pennsylvania
Municipalities Planning Code. Fees for the review and administrative
processing of subdivision and land development plans will be charged
at the time of application. These fees may be amended from time to
time by resolution of the White Township Board of Supervisors.
B. The applicant shall reimburse the Township of White
for the reasonable and necessary charges by the Township's professional
consultants or engineers for review and report thereon to the municipality,
for the inspection of improvements, and/or for administrative expenses.
Such reimbursement shall be based upon a schedule of fees established
by resolution of the White Township Board of Supervisors. Such schedule
of fees may be amended or changed from time to time by resolution
of the White Township Board of Supervisors. If, within 45 days of
the date of billing, the applicant disputes the amount of the expense,
the disputed matter shall be subject to the procedures established
in § 503(1) and/or § 510(g) of the Pennsylvania
Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted
and amended.
Notwithstanding the imposition of any penalties
hereunder, the Township may institute any appropriate action or proceeding
to require compliance with or to enjoin violation of the provisions
of this chapter or any administrative orders or determinations made
pursuant to this chapter.