The requirements of the subdivision and land development ordinance
are minimum standards for the protection and promotion of the public
health, safety, and welfare. The regulations preserve public order
and establish interactions among citizens in a way that prevents a
conflict of rights. The regulations ensure the uninterrupted enjoyment
of rights by all of the citizenry by guiding development and growth
and to permit East Hempfield Township to minimize such problems as
may presently exist or which may be foreseen. Modifications should
only be granted: to encourage flexibility and ingenuity in the layout
and design of subdivisions and land developments when meeting the
intent and purpose of the ordinance, when literal compliance would
be unreasonable, cause undue hardship, or when an alternative standard
is demonstrated to provide equal or better results and if the modification
would not be contrary to the public interest.
A.
Purpose. The provisions of these regulations are intended as a minimum
standard for the protection of the public health, safety and general
welfare. If the literal compliance with any mandatory provision of
these regulations is demonstrated by the applicant to be unreasonable
and to cause undue hardship because of peculiar conditions pertaining
to the particular property, and if the applicant demonstrates that
an alternative proposal will provide equal or better results, the
Board of Supervisors may grant a modification from such mandatory
provision, so that substantial justice may be done and the public
interest secured while permitting the reasonable utilization of the
property. However, the granting of a modification shall not have the
effect of making null and void the purpose and/or intent of this chapter.
B.
Procedure. With the exception of time extension modifications (§ 265-3.1D) and preliminary plan processing requirements (§ 265-3.1E), below, all requests for modifications shall be made in accordance with the following procedures. Applicants are encouraged to submit modification requests as early in the subdivision and land development planning process as is practicable.
(1)
Application requirements.
(a)
All requests for modifications shall be made in writing and
shall accompany and be a part of the application for a preliminary
or final subdivision or land development, duly submitted in accordance
with Article 4. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
alternative standard proposed to provide equal or better results,
the provision(s) of this chapter which are requested to be modified,
and the minimum modification necessary.
(b)
Should a revision to a submitted plan require a modification that was not apparent at the time of initial plan submission, the request for a modification shall be submitted in accordance with § 265-3.1B(1)(a), above, at the time of ongoing resubmission of the plans. This does not constitute a new plan submission.
(2)
Review by Planning Commission. At a scheduled public meeting,
the Planning Commission shall review the modification request and
provide comments and recommendation to the Board of Supervisors along
with their recommendation for action on a preliminary and final plan.
A recommendation will not be provided for modification requests for
sketch plans.
(3)
Action by Board of Supervisors. At a scheduled public meeting,
the Board of Supervisors shall review the comments and recommendation
submitted by the Planning Commission, and the request to determine
if the literal compliance with any mandatory provision of the ordinance
is demonstrated by the applicant to exact undue hardship or to be
unreasonable or that an alternative standard has been demonstrated
to provide equal or better results, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed. The applicant shall demonstrate
that the alternative proposal represents the minimum modification
necessary. If the Board of Supervisors determines that the applicant
has met his burden, it may grant a modification from the literal compliance
with the terms of this chapter along with their action on a preliminary
and final plan. Action will not be provided for modification requests
for sketch plans.
(4)
Notification of Township action.
(a)
Written notice of the Board of Supervisors' action shall
be sent to the applicant.
(5)
Acknowledgement of municipal action. If the Board of Supervisors
grants the request, the preliminary, final, and/or minor plan shall
include a note that identifies the specific modification as granted.
Similarly, if the Board of Supervisors denies the request, the preliminary,
final, and/or minor plan shall include a note that identifies the
specific modification as denied.
C.
Authority to impose conditions. In granting a modification, the Board
of Supervisors may impose such conditions as will, in its judgment,
secure substantially the objectives of the standards and requirements
of this chapter.
D.
Time extension modifications. In instances where the applicant requires
additional time to resolve outstanding conditions of approval, a written
request shall be submitted for consideration of review for the last
Board of Supervisors meeting prior to the deadline for plan recordation.
The written request must include an explanation necessary to justify
the time extension. For clarification, this section only applies to
plans already approved by the Board. For time extensions prior to
Board action, the applicant grants a time extension in writing to
the Township and it is automatically deemed to be in effect.
E.
Modification of preliminary plan processing requirements. All requests for the modification of preliminary plan processing requirements (also known as "waiver of preliminary plan") shall be submitted in accordance with §§ 265-4.1C(1)(c) and 265-4.3D and as part of a sketch plan submission pursuant to § 265-4.2. In instances where the applicant is approved for a modification of preliminary plan processing, a written notification shall be provided to the County Planning Commission as part of their subsequent application so that the County reviews the subsequent plan application as a final plan and creates recording papers.
A.
When a plan, whether preliminary or final, has been approved subject
to conditions, and when the applicant rejects one or all of the conditions,
the applicant shall so notify the Board of Supervisors in writing
within 30 days of the date of the Board of Supervisors' action.
Such notification of rejection of one or more of the conditions of
approval shall serve to automatically rescind the approval of the
plan.
B.
Failure by the applicant to notify the Board of Supervisors of rejection
of one or more of the conditions of approval within the time so specified
shall serve as notice of acceptance of the conditions of approval
and that the applicant intends to fully comply with the conditions
unless such condition is invalidated by final order of court upon
appeal thereto by the applicant.
A.
Right to appeals. Any person aggrieved by a finding, decision or
recommendation of the Board of Supervisors with respect to the approval
or disapproval of a plan or request for modification may appeal as
provided for in the PA MPC and other relevant statutes and rules.
B.
Mediation option. As an alternative to an adjudicatory appeal proceeding,
any party entitled to appeal a decision of the Board of Supervisors
may request the utilization of mediation as an aid in resolving the
dispute. Participation in mediation shall be wholly voluntary by the
parties, and shall be conducted as prescribed in the PA MPC.
The Township shall keep an accurate public record of its findings,
decisions and recommendations relevant to all applications filed with
it for review or approval.
A.
Review fee. Each subdivision and/or land development plan application
shall be accompanied by the required review fee as established and
adopted by ordinance or resolution by the Board of Supervisors. Fees
shall be payable to the Township at the time of application (unless
otherwise noted herein) and plan processing, approval and recording
shall not be completed until all required fees are paid. There shall
be no refund or credit of fees or a portion of any fee should the
applicant withdraw the plan during the review process or fail to receive
plan approval.
B.
Professional service fees. In addition to the required review fee,
it is anticipated that additional expenses will be incurred by the
Township in processing the subdivision and land development application
which is submitted or which may be required to be submitted under
this chapter, for engineering, legal or other professional consultant
expenses. If the fees are not sufficient to cover these expenses incurred
in the review of said plans, the Township shall notify the person
submitting the plans for review of the additional expense and shall
request payment of the same. All payment requested by the Township
for engineering, legal or other professional expense shall be the
actual cost of the services incurred by the Township. These services
shall be billed at the normal established rate for engineering or
legal services provided to the Township.
C.
Professional service fee disputes. Applicants disputing professional
service fees shall do so in accordance with the PA MPC.
