[Ord. 690, 9/10/2009]
1. 
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.
2. 
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.
3. 
The request for modification shall be reviewed by the Planning Commission for advisory comments.
4. 
The Board of Supervisors shall keep a written record of all action on all requests for modifications. Any modifications granted shall be noted on the final recorded plans.
[Ord. 690, 9/10/2009]
In granting modifications the Board of Supervisors, with the advice of the Township Planning Commission, may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
[Ord. 690, 9/10/2009]
1. 
The owner shall pay to the Township reasonable engineering fees incurred by the Township for the services of the Township Engineer incidental to the examination and other work incidental to the approval of each subdivision or land development, or section thereof, and shall also pay to the Township reasonable legal fees incurred by the Township for legal services incidental to the preliminary discussions and negotiations with respect to the approval of such plans of each subdivision or land development, or section thereof, the approval thereof, and the drafting of the contracts and bonds required by Part 10 of this chapter and for legal services required by the Township which may arise by reason of the approval of such plans of each subdivision or land development, or section thereof, inclusive of the cost of legal services incidental to the final acceptance by the Township of the streets laid out on the subdivision.
2. 
The engineering and legal fees required to be paid by this chapter shall be promptly paid to the Township by the owner upon the submission of bills thereof 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.
3. 
To the engineering and legal fees required to be paid to the Township by this chapter, there shall be added the sum of 10% which the owner shall pay to the Township as reimbursement to the Township of the costs incurred by the Township for the administration of this chapter, collection of such fees, and the disbursement of the same to the Township Engineer and the Township Solicitor.
4. 
A deposit in accordance with § 22-306 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.
5. 
Pursuant to Subsection 4 of this section, the developer is required to deposit a sum in escrow to cover the fees and costs of engineering, legal, and administration. Such amount of fees and escrow shall be set, from time to time, by resolution by the Board of Supervisors.
6. 
Review fees.
A. 
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.
B. 
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.
C. 
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.
[Ord. 690, 9/10/2009]
1. 
Three days prior to the commencement of any operation in the construction or installation of streets, curbs, sidewalks, drainage facilities, street signs, monuments, or capped sewers, the owner shall notify the Township Engineer who shall inspect the work, materials, construction, and installation to assure that the same are in accordance with Township requirements.
2. 
The Township Engineer shall be authorized to have such tests of materials made as are provided in the Warminster Township Specifications and Design Standards for Roads and Streets in order to have proper control of materials. The owner shall pay to the Township the cost of such tests plus 3% to reimburse the Township for the collection of such fees and disbursement of same to the Township Engineer.
[Ord. 690, 9/10/2009]
1. 
Prior to the issuance of any use and occupancy permits, conditional or final, the applicant shall satisfy any outstanding fees or costs due to the Township for legal expenses, engineering review, administrative review.
2. 
As a condition of the issuance of any conditional occupancy permit, the applicant for such permit shall execute a release of liability and waiver in a form approved by the Licenses and Inspections Department which shall relieve Warminster Township, its agents or employees from any and all liability from personal injury or property damage as a result of the issuance of such conditional occupancy permit.
3. 
Should any occupancy permits be issued prior to the completion of the final course of bituminous paving in any subdivision or land development, the applicant shall ramp any protruding manholes or other protruding substance to eliminate any dangerous or hazardous condition.