The Blair Township Board of Supervisors may revise or amend
in whole or in part these regulations; provided, however, that the
amendment thereof shall be accomplished in accordance with the provisions
of Section 505 of the Act of July 31, 1968, P.L. 247, (53 P.S. § 10505)
as supplemented and amended.
A.
Modified standards. The provisions of these regulations are the minimum
standards for the protection of the public welfare. The Blair Township
Board of Supervisors reserves the right to modify or to extend these
regulations as may be necessary in the public interest.
B.
Waiver. If a majority of the Township Board of Supervisors feels
that this chapter causes undue hardship upon a particular subdivision,
they may grant a waiver providing it does not nullify the intent and
purpose of this chapter. In granting waivers, the Township Board of
Supervisors may impose such conditions as will, in its judgment, advance
the achievement of the intent of this chapter. The standards and requirements
of these regulations may be modified by the Township Board of Supervisors
in the case of a plan or program for complete community, new town,
neighborhood, cluster subdivision, or mobile home park which in the
judgment of the Township Board of Supervisors provides adequate open
and public spaces and improvements for circulation, recreation, light,
air and service needs of the tract when fully developed and populated,
and which also provides such covenants or other legal provisions which
will assure conformity to and achievement of the development goals
of the Township.
A.
Any subdivider aggrieved by a finding, decision, or recommendation
of the Blair Township Board of Supervisors may request and shall receive
another opportunity to appear before the Township Board of Supervisors
to present additional relevant information. This request shall be
in writing within 30 days after the original date of action by the
Township Board of Supervisors.
B.
Upon receipt of such appeal, the Township Board of Supervisors shall
hold a hearing after proper notification of all parties concerned
and in a manner prescribed by law. Appellant shall deposit the sum
of $750 for the costs of the court reporter, the costs incurred by
the Township for engineering or attorney's fees as well as any
other costs directly related to the appeal.
C.
After such hearing, the Township Board of Supervisors may affirm
or reverse the original action of the Township Board of Supervisors
by a recorded vote and in the manner prescribed by law. The findings
and reasons for the disposition of the appeal shall be stated on the
records of the Township Board of Supervisors. Affirmative action shall
authorize the subdivider to continue application from the point at
which it was interrupted.
D.
Any person aggrieved by action of the Board of Supervisors may appeal
within 30 days directly to the Court of Common Pleas of Blair County
in accordance with and in a manner prescribed by law.
The Township Board of Supervisors shall maintain a record of
their findings, decisions, and recommendations relative to all subdivision
plans filed for review. Such records shall be made available to the
public.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding, pay a judgment of not more than
$500 plus all court costs, including reasonable attorney fees incurred
by the municipality as a result thereof. No judgment shall commence
or be imposed, levied or 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 municipality may
enforce the judgment pursuant to the applicable 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.[1]
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 section shall be construed or interpreted
to grant to any person or entity other than the municipality the right
to commence any action for enforcement pursuant to this section.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violation, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building or premises.
B.
In accordance with the Act, the Township may refuse to issue any
permit or grant approval to further improve or develop any property
which has been developed in violation of this chapter.
C.
In order to perform the functions of this chapter, any representative
of the Township shall have the authority to enter any building, structure,
premises, property or development in the Township upon presentation
of proper credentials, at any hour to enforce the provisions of this
chapter. During the construction/development period, the representative
may inspect the premises to determine that the work is progressing
in compliance with the information provided on the plans, and this
chapter.
