Middle Smithfield Township shall keep records of all subdivisions/land
developments and the actions taken as follows:
A.
Planning Commission records. The Planning Commission shall keep a
record of all plans, review reports and recommendations made relative
to all subdivision and land development plans that are submitted to
it for review and recommendations. All such records shall be made
available for public inspection during normal Township office hours,
upon request.
B.
Board of Supervisors records. The Board of Supervisors shall keep
a record of all plans and the action taken relative to all subdivision
and land development plans that are submitted to it for its review
and action. All such records shall be made available for public inspection
during normal Township office hours, upon request.
C.
Revisions and resubdivisions. Any revision or resubdivision of an
approved and/or recorded subdivision plan or an approved and/or recorded
land development plan shall be considered a new subdivision or land
development plan and shall comply with the following as well as all
regulations of this chapter.
(1)
Lot lines may be changed from those shown on an approved and/or
recorded subdivision/land development plan, provided that in making
such changes, no lot or tract of land shall be created that is smaller
than the minimum dimensions required by the Zoning Ordinance,[1] except when the lot density of the subject plan is decreased
or the lot or tract is inseparably attached to adjacent lands.
(2)
In every case wherein lot lines are changed as permitted above,
the subdivider shall prepare a new record plan and shall submit the
plan to the Township for recommendations by the Planning Commission
and approvals and endorsement by the Board of Supervisors.
(3)
When the new plan has changes affecting an entire recorded plan,
the plan shall contain the following notation: "This plan supersedes
a plan of (plan name) as recorded on (recording date) in map file
(file no.)."
(4)
When the new plan changes only a portion of the recorded plan,
the plan shall contain the following notation: "This plan supersedes
that portion of a plan of (plan name) as recorded on (recording date)
in map file (file no.) pertaining to (lot designations)."
(5)
A resubmission to correct erroneous data or omissions on an
approved and/or recorded plan shall not be construed to be a revision
or resubdivision.
(6)
The subdivider or developer shall record the new plan in accordance
with this chapter.
The provisions of these regulations are intended as minimum
standards for the protection of the public health, safety and welfare
of the residents of the Township as well as to protect and preserve
or enhance the natural environment. The Board of Supervisors may,
based upon specific site conditions or specific characteristics of
the proposed subdivision or land development, modify one or more specific
requirements in individual cases as may be necessary or advisable
in the public interest. However, those such modifications or additions
shall not have the effect of nullifying the intent and purpose of
these regulations. The Board of Supervisors may also modify a specific
requirement of this chapter upon request to promote use of solar energy
or to result in an adjustment that will reduce impacts upon the environment
without harming public safety.
A.
Modifications. After allowing the Planning Commission an opportunity
to make a recommendation, the Board of Supervisors may grant modifications
subject to such conditions which will, in its judgment, secure substantially
the objectives of the standards and/or requirements so modified.
(1)
All modifications shall be requested using the form in the Appendix
D-8.[1]
[1]
Editor's Note: Appendix D-8 is included as an attachment to this chapter.
(2)
The recommendations of the Planning Commission and the action
of the Board of Supervisors shall be entered on the request form and
distributed as follows:
(a)
A copy of the modification request form with the recommendations
and actions listed shall be forwarded to the Planning Commission.
(b)
A copy of the modification request form with the recommendations
and actions listed shall be retained in the files of the Board of
Supervisors.
(c)
A copy of the modification request form with the recommendations
and actions listed shall be communicated to the applicant or the applicant(s)
representative.
The Board of Supervisors may, from time to time, amend these
regulations, subject to the procedures and requirements of the MPC,[1] and other applicable state law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
All appeals and challenges to these regulations shall conform
to the requirements and procedures as outlined in the MPC, as amended.
The Board of Supervisors shall establish, by resolution, and
may 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.
However, the recreation fee shall be established and revised by ordinance
to comply with the MPC.
A.
Posting of the fee schedule. The schedule of fees shall be available
in the Township Building, or in such other places as the Board of
Supervisors may designate, and shall be available upon request. An
escrow account shall also be required to be funded by the applicant
to cover professional review fees.
B.
Release of plans for recording. No plans shall be released for recording
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 the release of any
plan for recording.
C.
Fee refunds. There shall be no refund or credit of any portion of
the fees or charges, except for unused portions of professional service
escrow accounts.
No lot in a subdivision or lot or unit in a land development shall be sold or conveyed until all required improvements have been either constructed and approved or guaranteed by bonding or other security acceptable to the Board of Supervisors and the plan has been approved and recorded as provided in this chapter. See also § 170-5B.
The subdivider and/or developer shall be responsible for observing
the procedures established by these regulations and for submitting
all plans, documents and data as may be required.
A.
Written notification. Where written notification is required by these
regulations. Verbal notification shall not be binding on either the
Township or the applicant.
B.
Additional data. When the Planning Commission and/or the Board of
Supervisors require additional data or other information or documents
pertaining to the submitted plan, it shall be the responsibility of
the applicant to promptly furnish all items requested. If the items
are not furnished within a timely manner, the Township may determine
that the submission is incomplete and may reject the application.
A.
Preventative remedies. In addition to other remedies, Middle Smithfield
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 or 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.
(1)
Middle Smithfield 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.
(a)
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.
(b)
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, Middle Smithfield 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.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor 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 in the enforcement of this chapter. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of the violation by the Magisterial District Judge 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. Further, the appropriate officers or agents of the Township
are hereby authorized to seek equitable relief, including injunction,
to enforce compliance herewith.
C.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge, after determining that there
has been a violation, further determines that there was a good-faith
basis for the person, partnership or corporation violating this 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 Magisterial District Judge, and thereafter, each day that a violation
continues shall constitute a separate violation.
D.
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.
