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Township of White, PA
Indiana County
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Code
New Laws (3) Index
[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The provisions of this chapter may from time to time be amended, supplemented, changed or repealed in accordance with the following procedure and with the current regulations of the Pennsylvania Municipalities Planning Code.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.
A. 
No plan of a subdivision or land development proposed for White Township shall be recorded in the Indiana County Recorder of Deeds office unless or until that plan shall bear the certified approval of the Planning Commission.
B. 
It shall be unlawful for any person to sell, trade or otherwise convey or offer to sell, trade or otherwise convey any lot or parcel of land as a part of or in conformity with any plan, plat or replat of any subdivision or land development unless and until said plan, plat or replat shall have been first recorded in the office of the County Recorder of Deeds.
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.
A. 
The provisions of this chapter shall be enforced by the Code Enforcement Officer duly appointed. He may be reimbursed at the discretion of the Board and may hold other appointive but not elective positions in the Township.
B. 
The Code Enforcement Officer shall review proposals for subdivision and land development plans and submit them with recommendations to the Planning Commission for action in accordance with the requirements of this chapter; shall enter upon, at his discretion, subdivision and land development plans in the process of construction to evaluate compliance with the terms of approved plans; shall point out to the developer discrepancies in the development and demand remedial action to guarantee compliance within 30 days of noting the discrepancy; and shall otherwise act as the Township's agent in the enforcement of this chapter.
C. 
No developer, owner or agent or employee of them shall deny entrance of the Code Enforcement Officer to any subdivision or planned development in his official capacity of Code Enforcement Officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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.[1]
[1]
Editor's Note: See 53 P.S. §§ 10503 and 10510. 
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.