The Township may impose fees and charges to recover all costs
incurred in the administration of this chapter. All fees and charges
may be adopted by resolution or ordinance. These fees and charges
may include, but not be limited to, an application fee; fees for review
of the plans, studies, correspondence, financial security, and associated
documentation by the Township Engineer, Township Solicitor or other
professional consultant for attending meetings related to the plan;
fees for the inspection of improvements installed in connection with
development authorized by a plan; fees for the acceptance of dedication
of improvements, including, but not limited to, costs associated with
enacting ordinances to establish traffic regulations when streets
are accepted for dedication; and fees associated with processing requests
for modifications. The Township may request that developers post escrow
with the Township for reimbursement of fees incurred by the Township
Engineer, Township Solicitor, or other professional consultant. Failure
to reimburse the Township for fees incurred by the Township Engineer,
Township Solicitor, or other professional consultant or to post escrow
in accordance with the ordinance or resolution establishing fees constitutes
a violation of this chapter.
The provisions of these regulations are intended as a minimum
standard for the protection of the public health, safety and welfare.
If the applicant demonstrates to the satisfaction of the Board of
Supervisors that literal compliance with any mandatory provision of
these regulations is unreasonable and causes undue hardship as it
applies to a particular property, the Board of Supervisors may grant
a waiver from such mandatory provision so that substantial justice
may be done and the public interest secured while permitting the reasonable
utilization of the property. The granting of a waiver shall not have
the effect of making null and void the intent and purpose of this
chapter.
All requests for waivers shall be made in accordance with the
following procedure:
A. The requests shall be in writing in accordance with Appendix No.
18 and shall be made prior to submission of an application for development or shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of the unreasonableness or hardship on which the request is based, the section or sections of this chapter which are requested to be waived, the provisions proposed as an alternate to the requirements and the minimum modification necessary. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see Article
IV).
B. Should a revision to a submitted plan require a waiver which was not apparent at the time of the initial plan submission, the request for a waiver shall be submitted in accordance with Subsection
A at the time of submission of the revised plans.
C. The Planning Commission shall submit the request for a waiver and
accompanying documentation together with its analysis and recommendations
to the Board of Supervisors for consideration. The Board of Supervisors
shall consider the request for waivers at a public meeting, which
is at least seven days after the submission of the Planning Commission's
recommendation on the waiver request.
The Board of Supervisors shall review the request to determine
if the applicant has demonstrated that literal compliance with any
mandatory provision of this chapter exacts undue hardship because
of peculiar conditions pertaining to the land in question and that
such modification will not be contrary to the public interest and
will observe the purpose and intent of this chapter. The applicant
shall demonstrate that an alternative proposal will allow for equal
or better results and represents the minimum modification necessary.
If the Board of Supervisors determines that the applicant has met
his burden, it may grant a waiver from the literal compliance with
the terms of this chapter. In granting waivers, the Board of Supervisors
may impose such conditions as will, in its judgment, secure the objectives
and purposes of this chapter.
It shall be the duty of the Zoning Officer and/or other such
duly authorized representative of the Township, and he is hereby given
the power and authority, to enforce the provisions of this chapter.