The Township of Shirley of the County of Huntingdon may from
time to time revise, modify and amend this chapter by appropriate
action in accordance with the Pennsylvania Municipalities Planning
Code, Act 247, as amended.[1]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
The filing fee for subdivision plans shall be established by
the Township of Shirley. Such filing fees shall include those for
land development and may be separate for various alternative forms
of land development. Review fees shall include the review of subdivision
plans, mobile homes park plans and land development site plans. Review
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 Sections 503(1), 509 and 510 of the Pennsylvania Municipalities
Planning Code.[1]
[1]
Editor’s Note: See 53 P.S. §§ 10503, 10509
and 10510.
The Township of Shirley shall maintain an accurate public record
of all plans upon which it takes action and of its findings, decision
and recommendations in relation thereto.
A.
In addition to other remedies, the Township of Shirley may institute
and maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction, to
recover damages and to prevent illegal occupancy of a building, structure
or premises. The description by metes and bounds in the instrument
of transfer or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Township of Shirley may refuse to issue any permit or grant any
approval necessary to further improve or develop or utilize any real
property which has been developed or which has resulted from a subdivision
of real property in violation of this chapter. This authority to deny
such a permit or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property, subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township of Shirley
may require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.
A.
Any person, partnership or corporation who or which has violated
the provisions of this Subdivision and Land Development Ordinance
enacted under the Pennsylvania Municipalities Planning Code[1] or prior enabling laws shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township
of Shirley, pay a judgment of not more than $500 per violation, plus
all court costs, including reasonable attorney fees incurred by the
Township of Shirley 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 District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township of Shirley 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 district justice determining that there has been a violation
further determines that there was a good-faith basis for the person,
partnership or corporation violating the chapter 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 District Justice
and thereafter each day that a violation continues shall constitute
a separate violation.
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
B.
The Court of Commons 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 Township of Shirley
the right to commence any action for enforcement pursuant to this
section.
A.
The approval body 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 a 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 the
ordinance involved and the minimum modification necessary.
C.
The approval body shall keep a written record of all actions on all
requests for modification.
D.
The approval body may approve or deny the request for modification.
If the Board of Supervisors approves the request for modification,
it shall authorize the minimum modification from this chapter that
will afford relief. Requests for modifications shall be reviewed by
the Shirley Township Planning Commission.
Whenever there is a difference between the minimum standards
or dimensions specified herein and those contained in other regulations,
resolutions or ordinances of Shirley Township, the highest or most
restrictive standards shall govern.
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plan, the approval body shall enforce any corporate
bond or other security by appropriate legal and equitable remedies.
If the proceeds of such bond or other security are insufficient to
pay the cost of installing or making repairs or corrections to all
the improvements covered by said security, the approval body may,
at its option, install part of such improvements in all or part of
the subdivision or land development and may institute appropriate
legal and equitable action to recover the monies necessary to complete
the remainder of the improvements. All of the proceeds, whether resulting
from the security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements covered by such security and not for any other
municipal purpose.
The decision of the approval body with respect to the approval
or disapproval of plans may be appealed directly to the Court of Common
Pleas of Huntingdon County not later than 30 days after issuance of
notice of the decision or report of the approval body.
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
Standards applying to commercial and industrial subdivisions shall
be subject to individual review and determination in each case.
Should any section, subsection or provision of this chapter
be declared invalid by a court of competent jurisdiction, such decision
shall not affect the validity of this chapter as a whole, or of any
part thereof.
All ordinances, or parts of ordinances, in conflict herewith
are hereby repealed.
This chapter shall be effective five days from the date of its
adoption.
The standards and requirements of this chapter may be modified
by the Shirley Township Planning Commission in the case of plans for
complete communities or neighborhood units or other large-scale developments
which, in the judgment of the approval body, achieve substantially
the objectives of the regulations contained herein and which are further
protected by such covenants or other legal provisions as will assure
conformity to and achievement of the plan.
Application to be submitted in writing. Applications for modifications
and variances shall be submitted in writing by the developer at the
time the preliminary plan is filed with the approval body. The application
shall state fully the grounds and all the facts relied upon by the
applicant.
In granting a modification of variance, the approval body shall
record its actions and the grounds for granting the modification or
variance in its minutes. A statement showing the date that such modification
or variance was granted shall be affixed to the final plan.
