The Board of Supervisors of the Township of Potter 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.
The filing fee for subdivision plans shall be established by
the Board of Supervisors. Such filing fees shall include those for
mobile home parks and land development. Fees shall include the review
of subdivision plats, mobile home park plans, and land development
site plans and their recordation. Fees shall also include the field
inspection of such plats, plans, or site plans or their final inspection.
The fees charged to the developer shall be in accordance with Sections
503(1), 509, and 510 of the Pennsylvania Municipalities Planning Code.
The Township shall maintain an accurate public record of all
plans upon which it takes action and of its findings, decisions, and
recommendations in relation thereto.
In any case where the Board of Supervisors approves or disapproves
a subdivision or land development plan, any person aggrieved thereby
may, within 30 days thereafter, appeal to the Court of Common Pleas
of Beaver County, Pennsylvania, in accordance with Article X-A of
the MPC.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder of this chapter as
a whole or any individual part thereof.
A.
Preventive remedies.
(1)
In addition to other remedies, the Township 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.
(2)
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter or preceding regulations of the Township.
This authority to deny such a permit or approval shall apply to any
of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
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.
(c)
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.
(d)
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.
(3)
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 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.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of this chapter enacted under the Pennsylvania Municipalities
Planning Code or prior enabling laws shall, upon being found liable
therefore in a civil enforcement proceeding commenced by the Township,
pay a judgment of not more than $500, plus all court costs, including
reasonable attorneys' fees incurred by the Township as a result
thereof. No judgment shall commence or be imposed, levied or be 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 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.
(2)
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tulling the per-diem judgment pending a final adjudication
of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
A.
The Board of Supervisors 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. The Supervisors shall use the following
guidelines in considering requests for modifications:
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. The Planning
Commission's advice on any modification will be requested before
the Board of Supervisors takes action on such requests.
C.
The Board of Supervisors shall keep a written record of all action
on all requests for modifications.
D.
The Board of Supervisors 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.
E.
In addition to the foregoing, the Board of Supervisors shall have
authority to grant modifications of the requirements of this chapter
in connection with the development of a large-scale industrial facility
occupying more than 100 acres if the modifications are not contrary
to the public interest and the Board of Supervisors attaches such
reasonable conditions and safeguards to such modifications as it may
deem necessary to implement the purpose and intent of this chapter.
Whenever there is a difference between the minimum standards
or dimensions specified herein and those contained in other regulations,
resolutions, or ordinances of the Township, the highest standards
shall govern.
This chapter repeals and replaces in its entirety Potter Township Ordinance No. 23 of 1972, Chapter 185, Subdivision and Land Development.
