The Board of Commissioners 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.
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 this
chapter involved and the minimum modification necessary.
The applicant for a subdivision and land development approval shall,
at the time of making application, pay to Hatfield Township, for the
use of the Township, the fee in accordance with the fee schedule as
adopted from time to time by resolution of the Board of Commissioners.
Review fees shall include the reasonable and necessary charges by
the Township's professional consultants or engineer for review
and report to the Township and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township Engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the engineer or consultant to the Township when fees
are not reimbursed or otherwise imposed on applicants.
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
In the event that the Township and the applicant cannot agree on
the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually
by the Township and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
Township and the applicant or developer.
The Township shall keep a record of its findings, decisions,
and recommendations relative to all subdivision and land development
plans filed with it for review and approval.
Amendment procedure. The Board of Commissioners of Hatfield Township
may, from time to time, amend, supplement, change, modify or repeal
this chapter by proceeding in the following manner. The Board of Commissioners,
by resolution adopted at a regular or special meeting, shall fix the
time and place of a public hearing on the proposed amendment and cause
30 days' notice thereof to be given as follows:
The notice shall state the general nature of the proposed amendment
and that full opportunity to be heard will be given to any citizen
and all parties in interest attending such hearing.
Whenever a proposed amendment affects a particular property, then
there shall be posted upon said property or premises, at such place
or places as the Board of Commissioners may direct, notice of said
proposed amendment.
Referral to planning commissions. All proposed amendments before
adoption shall be referred to the Township and county Planning Commissions,
at least 30 days prior to the public hearing, for recommendation and
report, which shall not be binding.