The Board may designate the designee to act on its behalf in
the approval of all plans, the making of all inspections and the granting
of all approvals required by this chapter; provided, however, that
the formal acceptance of any street, and the execution of any documents
related thereto, is reserved for the Board.
In addition to all other remedies, the Township may seek to
enforce the provisions of this chapter in an action at law or equity.
If any section or subsection of this chapter shall be found
to be invalid, the other sections or subsections of the ordinance
shall not be affected thereby.
The applicant shall pay to the Township an application fee,
as established from time to time by resolution of the Board of Supervisors.
Permits required for construction in Township and state road rights-of-way
will be assessed in accordance with Section 2322 of the Second Class
Township Code.
All appeals or requests for modifications shall be processed
in accordance with the following:
A. An appeal or request for a modification shall be submitted to the
Township. The request shall be made in writing and identify the following:
(1)
The specific section of this chapter from which a modification
is requested or a decision which is being appealed.
(2)
The proposed alternative to the requirements, when applicable.
(3)
Justifications for an approval of the modification or appeal.
B. Modification of design requirements. Upon application made, the Township
may modify one or more requirements of this chapter where strict compliance
with the terms of this chapter cannot reasonably be achieved and where
each of the following is demonstrated by the applicant to the reasonable
satisfaction of the Township or its representatives:
(1)
The applicant has done all that can reasonably be done to satisfy
the design requirements;
(a)
If additional land is required, the applicant provides satisfactory
evidence that it cannot be purchased at a reasonable price.
(b)
No traffic problem will be created as a result of the modification.
(c)
The applicant executes an indemnity agreement satisfactory to
the Township.
C. The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare. The Board
of Supervisors may grant a modification from literal compliance with
mandatory provisions of this chapter if the applicant can demonstrate
that an alternative proposal will allow for equal or better results.
D. Any persons aggrieved by any action of the Township designee may
appeal to the Board of Supervisors of East Hempfield Township within
30 days of the date of the action taken by the Township designee.
E. The approval of a modification or appeal shall not have the effect
of making null and void the intent and purpose of this chapter. In
the approval of a modification or appeal, the Board of Supervisors
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this chapter.
This chapter is intended to be construed consistently with the
Township Zoning ordinance, the Township Subdivision and Land Development
ordinance and the Township Stormwater Management ordinance. Where inconsistencies exist with respect to other ordinances,
the terms of the ordinance shall be reconciled if at all possible.
If the terms of such other ordinances are not reconcilable, the ordinance
which provides the stricter standards shall prevail. This chapter
repeals the East Hempfield Township Road Ordinance and the East Hempfield
Township Street Access ordinance (Ordinance No. 091-5).
This chapter shall become effective five days after adoption.