Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Ord. No. 198, passed 12-14-1989]
The Council may grant a modification of the requirements of one or more provisions of these Regulations if the literal enforcement of such provisions will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such a modification will not be contrary to the public interest and that the purpose and intent of these Regulations are observed.
All requests for modifications 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 upon which the request is based, the provision or provisions of these Regulations involved, and the minimum modification necessary.
The Council shall keep a written record of all action taken on all requests for modifications.
[Ord. No. 198, passed 12-14-1989]
(a) 
The Township shall keep a record of its findings, decisions and recommendations relative to all subdivision plans filed with it for review.
(b) 
All such records shall be public records.
[Ord. No. 198, passed 12-14-1989; Ord. No. 234, passed 1-21-1992]
(a) 
Subdivision and land development application fees and initial escrow deposits for plan review and processing shall be fixed by the Township Council by resolution. In addition to such fees and escrow deposits, all disbursements by the Township incident to plan review, approval and processing in excess of the amount required by escrow deposits, and all inspections of construction, including, but not necessarily limited to, planning and engineering fees, inspection fees, costs of materials, site testing, or any maintenance of lots prior to the acceptance of improvements by the Township, shall be reimbursed to the Township for actual costs by the applicant. In addition, any legal fees incurred by the Township in excess of review of the Township's standard forms shall be reimbursed in the same manner.
(b) 
All such reimbursements for costs expended prior to the establishment of the applicant's performance guarantee shall be made prior to issuance of any permits. All such reimbursements for costs expended during construction shall be made out of escrow funds established as the performance guarantee on a monthly basis.
(c) 
Excluding fixed administration costs, the applicant shall be charged only for time actually expended and detailed in bills from the Township Planner, Engineer and Solicitor. Any unexpected balance of the deposit shall be returned to the applicant following certification by the Township Engineer that all work has been completed satisfactorily.
(d) 
The applicant shall reimburse the Township for reasonable and necessary expenses incurred in connection with the inspection of improvements. Such reimbursement shall be based upon a schedule established by resolution by the Township Council. Such expenses shall be reasonable and in accordance with the ordinary and customary fees for similar services in the Township. However, in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Municipality when fees are not reimbursed or otherwise imposed upon applicants. In the event that the applicant disputes the amount of such expense, then the procedures specified in Section 1234.03(g) shall be followed.
(e) 
If actual time charges incurred by either the Township, its Planner, its Engineer or its Solicitor will exceed the deposited amount, the Township shall render to the applicant a preliminary statement of time expended and the additional deposit required to complete reviews. Such required additional amounts must be deposited with the Township Secretary prior to the issuance of the building permit.
(f) 
Costs incurred by the Township in an initial conference with an applicant, as called for in Chapter 1226, shall not be chargeable to the applicant.
(g) 
The amounts of these inspection fees shall be fixed by resolution of the Township Council.
(h) 
If problems arise requiring more extensive involvement of the Township Planner, Engineer or Solicitor, any resulting costs that exceed the initial fee will be assessed to the applicant.
(i) 
See Section 1234.03 for further standards.
(j) 
The applicant shall be required to pay interest at the rate of 12% per annum on all balances for fees which are not paid within 30 days of the date the Township sends a written bill to the applicant.
[Ord. No. 198, passed 12-14-1989]
If, in the opinion of the Township Engineer, the nature of any land disturbance work is such that it may create a hazard to human life or endanger adjoining property at a higher or lower elevation, or any street or street improvement, or any other public property, then the Township Engineer may require that the applicant file a certificate of insurance showing that he or she is insured against claims for damages for personal injury and property damage (including damage to the Township by the deposit or washing of material onto Municipal streets or other public improvements), which may arise from or out of the performance of the work, whether such performance be by himself or herself, his or her subcontractor, or any person directly or indirectly employed by him or her. The amount of such insurance risks involved shall be in an amount of not less than $25,000 per occurrence. Such insurance shall be written by a company licensed to do business in Pennsylvania and approved by the Township. Neither issuance of a permit nor compliance with the provisions hereof or with any condition imposed by the Township shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor shall it impose any liability upon the Township for damages to persons or property.
[Ord. No. 198, passed 12-14-1989]
In the case of a preliminary or final plan which is approved by the Township, dependent upon conditions set by the Township, the applicant shall, within 30 days of receipt from the Township of a written list of these conditions, inform the Township in writing of the applicant's acceptance or rejection of these conditions. Approval of a plat shall be rescinded automatically upon the applicant's failure to accept or reject such conditions, which acceptance or rejection shall be in writing and delivered to the Township within the thirty-day time limit.
[Ord. No. 198, passed 12-14-1989]
Amendments to these Regulations shall become effective only after a public hearing held pursuant to public notice which has been given for two successive weeks no less than 14 days in advance of the public hearing date and in accordance with the requirements of Section 505 of the Act. In the case of an amendment, the Township Council shall submit each such amendment to the County Planning Department for recommendations at least 30 days prior to the fixed date of the public hearing on such proposed amendment. Within 30 days after adoption, the Township Council shall forward a certified copy of any amendment to these Regulations to the County Planning Agency.
[Ord. No. 198, passed 12-14-1989]
(a) 
Any person, partnership, or corporation who or which violates any of the provisions of these Regulations, for which no penalty is otherwise provided, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice who determined that there has been a violation further determines that there was a good faith basis for the person, partnership, or corporation violating these Regulations to have believed that there was no such violation. In such an event, there shall be deemed to have been only one such violation until the fifth day following the date of said determination of such a violation by the District Justice; thereafter, each day that a violation continues shall constitute a separate violation.
(b) 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(c) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.