The Township shall keep records of all street and/or road plans submitted
with action taken as follows:
A. Planning Commission records. The Township Planning Commission
shall keep a record of the findings, decisions and recommendations relative
to all street or road plans that are submitted to it for review and recommendations.
All such records shall be made available to the public for review during regular
office hours.
B. Board of Supervisors records. The Secretary of the Township
Board of Supervisors shall keep a record of the findings, decisions and action
taken relative to all street or road plans that are filed with it for review
and action. All such records shall be made available to the public for review
during regular office hours.
The provisions of this chapter are intended as minimum standards for
the protection of the safety and welfare of the residents and inhabitants
of Middle Smithfield Township; however, the Township reserves the right to
modify them conditionally in individual cases or to amend them as necessary
in the public interest; provided, however, that such modification shall not
have the effect of nullifying the intent and purpose of the regulations.
A. Modifications. The Planning Commission may recommend
and the Board of Supervisors may grant the following modifications subject
to such conditions which will, in their judgment, secure substantially the
objectives of the standards or requirements so modified:
(1) Waive the provisions of any of the design or construction
standards which, in their opinion, are inappropriate because of the inadequacy
of connecting facilities or because of specific site or design situations.
(2) Require more restrictive standards necessary, in their
judgment, to secure the objectives or provisions of this chapter under certain
unique site or design situations.
(3) Requests for codifications shall be submitted by the
applicant in writing and, when granted, shall be signed by the Chairman of
the Board of Supervisors. Requests shall be submitted on the form in the Appendix
of this chapter.
B. Revisions and amendments.
(1) The Board of Supervisors may, from time to time, revise
and amend this chapter by appropriate action taken after a public hearing
on the proposed revisions and amendments subject to the following: public
notice as required, together with a brief summary setting forth the principal
provisions of such revisions and amendments, indicating the time and place
of the public hearing and indicating the times and places where copies of
the proposed amendments may be examined.
(2) In the case of an amendment other than that prepared
by the Township Planning Commission, the Board of Supervisors shall submit
each amendment to the Township Planning Commission for recommendations at
least 30 days prior to the date fixed for the public hearing on such proposed
amendment.
All appeals and challenges shall conform to the requirements and procedures
as outlined in the Pennsylvania Municipalities Planning Code, as amended, and as follows:
A. Appeal from Decision of the Board of Supervisors. Any
appeal from a decision of the Board of Supervisors must be made within 30
days or its decision shall be final.
The Board of Supervisors shall establish, by resolution, and revise
from time to time as deemed necessary, a schedule of fees to be paid by the
applicant at the time of filing the subject plan.
A. Posting of fees. The schedule of fees shall be posted
in the municipal building or in such other places as the Board of Supervisors
may designate and shall be available upon request.
B. Approval of plans. The street and/or road plan shall
not be approved unless all fees and charges have been paid in full. In the
event that the applicant is required to pay additional fees, such fees shall
be collected by the Township Secretary prior to approval of the subject street
or road plan.
C. Fee refunds. There shall be no refund or credit of any
portion of the fee or charges for any reason whatsoever.
No street or road shall be offered for dedication to Middle Smithfield
Township until a plan of such street or road shall have been approved and
until all improvements have been constructed and approved as provided for
in this chapter.
The applicant shall be responsible for observing the procedures established
in this chapter and for submitting all plans and documents as may be required.
In case of conflicts of other standards, the following shall apply:
A. Other ordinances. Whenever there is a difference between
the minimum standards specified herein and those included in other Township
ordinances and/or regulations, the more stringent requirements shall apply.
Any person who violates or permits a violation of this chapter, upon
being found liable therefor in a civil enforcement proceeding, shall pay a
fine of not more than $600, plus all court costs, including reasonable attorney's
fees, incurred by the Township in the enforcement of this chapter. No judgment
shall be imposed until the date of the determination of this violation by
the District Justice and/or Court. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of the Township
are hereby authorized to seek equitable relief, including injunction, to enforce
compliance herewith.