[Amended 1-21-1992 by Ord. No. 295]
A.Â
The Board of Supervisors 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.
B.Â
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.
C.Â
The request for modification shall be referred to
the Planning Commission for advisory comments.
D.Â
The Board of Supervisors shall keep a written record
of all action on all requests for modifications.
[Amended 1-21-1992 by Ord. No. 295]
A.Â
Review fees shall include the reasonable and necessary
charges by the Township of Upper Southampton's professional consultants
or engineer for review and report to the Township of Upper Southampton,
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 of Upper Southampton when fees are not
reimbursed or otherwise imposed on applicants.
B.Â
The engineering and legal fees required to be reimbursed
by this article shall be promptly reimbursed to the township by the
owner, upon the submission of bills therefor to the owner by the township
from time to time, as such fees are billed to the township or Authority
by its or their engineers or attorneys.
C.Â
With respect to the fees required to be paid to the
township by this section, there shall be added to the engineering
and legal fees a fee as per the adopted Fee Schedule which the owner
shall pay to the township as reimbursement to the township of the
various costs incurred by the township related to the subdivision
or development, or section thereof, including the cost of collection
of such fees and disbursement of them.
D.Â
A deposit in accordance with § 160-16 of this chapter shall be required at the time of submission of the preliminary plans in order to cover engineering and legal fees incurred during review and approval of subdivision or land development plans.
E.Â
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 of Upper Southampton shall not delay or disapprove a
subdivision or land development application due to the applicant's
request over disputed fees.
F.Â
In the event that the Township of Upper Southampton
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 of Upper
Southampton 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 of Upper Southampton and the applicant or developer.
[Amended 1-21-1992 by Ord. No. 295]
A.Â
Three days prior to the commencement of any operation
in the construction or installation of streets, curbs, sidewalks,
drainage facilities, street signs, monuments and capped sewers, the
owner shall notify the Township Engineer who shall inspect the work,
materials, construction and installation for compliance with township
requirements.
B.Â
The Township Engineer shall be authorized to have
such tests of materials made as are provided in the Pennsylvania Department
of Transportation Form 408, or latest edition thereof, specifications,
in order to have proper control of materials. The owner shall pay
to the township the costs of such tests, plus a fee as per adopted
fee schedule thereof to reimburse the township for various related
costs, including the collection of such fees and their disbursement
to the Township Engineer.