[Ord. No. 2010-09, 8/4/2010]
Article V, Subdivision and Land Development, of the Pennsylvania
Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted
and amended.
[Ord. No. 2010-09, 8/4/2010]
The provisions of this chapter shall be severable; and if any
of its provisions shall be held to be unconstitutional, illegal or
invalid, such decision shall not affect the validity of any of the
remaining provisions of this chapter. It is hereby declared as a legislative
intent that this chapter would have been adopted had such unconstitutional,
illegal or invalid provision not been included there.
[Ord. No. 2010-09, 8/4/2010]
All ordinances or parts of ordinances in conflict with this
chapter or inconsistent with the provisions of this chapter are hereby
repealed to the extent necessary to give this chapter full force and
effect.
[Ord. No. 2010-09, 8/4/2010]
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulations, the provisions of this chapter shall prevail. Where
provisions of any statute, other ordinance or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance or regulation shall prevail.
[Ord. No. 2010-09, 8/4/2010]
1.
The Board of Supervisors may, on its own motion or upon recommendation
of the Planning Commission, amend, supplement or repeal any portion
of this chapter. Amendments to this chapter shall become effective
only after a public hearing is held pursuant to public notice.
2.
In case of an amendment other than that prepared by the Planning
Commission, the Board of Supervisors shall submit each such amendment
to the Planning Commission for recommendations at least 30 days prior
to the date fixed for the public hearing on such proposed amendment.
3.
At least 30 days prior to the hearing on the amendment, the Township
shall submit the proposed amendment to the York County Planning Commission
for recommendations.
4.
Within 30 days after adoption, the Board of Supervisors shall forward
a certified copy of the amendment to this chapter to the York County
Planning Commission.
[Ord. No. 2010-09, 8/4/2010]
The decisions of the Township Supervisors with respect to the
approval or disapproval of plans may be appealed directly to court
in accordance with the provisions in Article X of the Municipalities
Planning Code.
[Ord. No. 2010-09, 8/4/2010]
1.
It shall be the duty of the Building Inspector, Zoning Officer, or
other such duly authorized representative of Shrewsbury Township,
and he is hereby given the power and authority, to enforce the provisions
of this chapter.
2.
The Codes Enforcement Officer, Zoning Officer, or other such duly
authorized representative shall require that the application for a
building permit contain all information necessary to enable him to
ascertain whether the proposed building, alteration, or use is located
in an approved subdivision or land development. No building permit
shall be issued until it has been certified that the site for the
proposed building, alteration, or use complies with all the provisions
of this chapter and conforms to the site description as indicated
on the approved and recorded final plan.
[Ord. No. 2010-09, 8/4/2010]
1.
Preventive Remedies.
A.
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.
B.
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.
(1)
The authority to deny such a permit or approval shall apply
to 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.
(2)
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.
2.
Enforcement Remedies.
A.
Any person, partnership, or corporation who or which, being the owner
or agent of any lot, tract or parcel of land, shall lay out, construct,
open and dedicate any street, sanitary sewer, storm sewer, water main
or other improvements 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 or otherwise, or erect
any building thereon, unless and until a final plan has been prepared
in full compliance with the provisions of this chapter and has been
recorded as provided herein, or who in any other way is in violation
of any of the provisions of this chapter, shall, upon being found
liable therefor in a civil 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 payable until the date of
the determination of a violation by the Magisterial District Justice.
If the defendant neither pays nor timely appeals the judgment, the
municipality 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 Magisterial 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
this chapter to have believed that there was no such violation, until
the fifth day following the date of determination of a violation by
the Magisterial District Justice, and thereafter, each day that a
violation continues shall constitute a separate violation.
B.
The Pennsylvania 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.
C.
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.
[Ord. No. 2010-09, 8/4/2010]
This chapter shall become effective and shall remain in force
until modified, amended, or rescinded by the Board of Supervisors
of Shrewsbury Township, York County, Pennsylvania.
