[Amended 7-13-2005 by Ord. No. 5-2005]
Applicants for subdivision and land development
approval shall pay a filing fee to cover the administrative cost for
the Township's review of plans and a fee to be placed in escrow to
cover the Township's professional consultants' costs relating to the
review of the application and any supporting documents and materials,
and report to the Township on the same. The term "professional consultants"
shall include any persons who provide expert or professional advice,
including but not limited to, architects, attorneys, certified public
accountants, engineers, geologists, land surveyors, landscape architects
or planners. Any amount in the escrow funds which exceeds the Township's
professional consultants' review costs shall be returned to the applicant,
without interest. If the amount in the escrow fund is not sufficient
to meet all of the Township's professional consultants' review costs,
the applicant shall be billed therefor and shall pay the amount due
within 30 days of such billing. The filing fees and escrow fees shall
be as established or amended from time to time by resolution of the
Board of Supervisors.
The Supervisors may grant a modification of
one or more of the requirements of this chapter if the literal enforcement
thereof will exact undue hardship upon the developer because of peculiar
conditions pertaining to the land which is the subject of the application.
The granting of such modification shall be discretionary with the
Supervisors who must be satisfied that the undue hardship results
from the circumstances described in MPC Section 910.2(a) and will not be detrimental or contrary to the public
interest and welfare and will not be contrary to the purposes and
intent of this chapter. All requests for modification shall be in
writing and must accompany and be a part of the application for subdivision
or land development. Such request shall state in full the grounds
and facts of unreasonableness or hardship upon which the request is
based, cite the provision or provisions of this chapter involved and
describe the minimum requested modification. The Supervisors shall
keep a written record of their action with respect to any such request,
but the failure of the Supervisors to act on any such request shall
not result in a deemed approval thereof.
Appeals from the action of the Planning Commission
or, as applicable, the Supervisors in either approving or disapproving
a preliminary plan or a final plan or from a conditional final plan
approval unacceptable to the applicant shall be taken and made in
accordance with the applicable provisions of the MPC.
When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment of this chapter or the Zoning Ordinance (Chapter
84) shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such final approval within five years from such approval, as provided for in Section 508(4) of the Pennsylvania Municipalities Planning Code, as amended, but subject, nevertheless, to the terms and
conditions of the provisions of the latter section.