[Ord. 2000-02, 3/9/2000, § 1001]
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 purposes and intent
of this chapter are observed.
2. Any request 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 the
ordinances involved, and the minimum modification necessary.
3. The Board may refer the request for modification to the Township
Planning Commission for advisory comments.
4. In granting modifications, the Board may impose such condition as
will, in its judgment, secure substantially the objectives of the
standard and requirements so modified.
5. The Township shall keep a written record of all actions on all requests
for modifications.
[Ord. 2000-02, 3/9/2000, § 1002]
1. The Township shall assign a subdivision application number to all
applications. All matters referring to this should be tied in with
a file in accordance with the subdivision case number. The Township
shall keep a record of its findings, decisions and recommendations
relative to all subdivision plans filed for review.
2. All such records shall be public records.
[Ord. 2000-02, 3/9/2000, § 1003]
1. No application for preliminary or final approval shall be deemed
to have been submitted until the fee and escrow deposit, as set forth
below, shall have been paid.
2. A subdivision or land development application fee (nonrefundable)
and an escrow deposit shall be submitted with an application for preliminary
or final plan approval to cover the costs of plan review and processing.
Amounts of the application fee and escrow deposit shall be fixed by
the Board of Supervisors by resolution. The escrowed funds shall be
used to reimburse the Township for actual expenditures incident to
these processes including, but not limited to, fees of the Township
Engineer and legal fees in excess of the fee for review of the Township's
standard forms. Any costs incurred by the Township in excess of the
amount held in escrow shall be fully reimbursed by the applicant prior
to the issuance of any permits.
3. Following final plan approval and recording and the establishment
of any required performance guarantee, a second escrow deposit shall
be established to cover the cost of inspections of improvements, construction,
materials or site testing prior to the acceptance of improvements
by the Township. Any costs incurred by the Township in excess of the
amount held in escrow shall be fully reimbursed by the applicant.
Any unexpected balance in the escrow deposit following acceptance
of dedication improvements to the Township shall be returned to the
applicant. The amount of the escrow deposit shall be fixed by the
Board of Supervisors by resolution.
4. When escrow deposits have been exhausted, the Board shall immediately
notify the applicant and require a meeting to arrange for additional
escrow funds to be deposited. No further work will be permitted until
additional funds are agreed upon and deposited.
[Ord. 2000-02, 3/9/2000, § 1004; as amended by
Ord. 2008-05, 11/19/2008, § 1]
Any person, partnership or corporation who or which has violated
the provisions of this chapter, upon being found liable therefore
in a civil enforcement proceeding commenced by the Township of Franklin,
shall pay a judgment of not more than $500 plus all court costs, including
reasonable attorney's fees incurred by the municipality 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 Magisterial
District Judge. If the defendant fails to pay the fine or timely appeals
from the judgment, the municipality 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 Magisterial
District Judge, in determining that there has been a violation, further
determines that there was a good faith basis for the person, partnership
or corporation violating the ordinance to have believed that there
was no such violation, in which event there shall be deemed to have
been only one such violation until the fifth day following the date
of the determination of a violation by the said Magisterial District
Judge and thereafter each day that a violation continues shall constitute
a separate violation.
[Ord. 2000-02, 3/9/2000, § 1005]
1. The Board may, from time to time, review, modify, or amend the terms
of this chapter. Except for an amendment proposed by the Township
Planning Commission, the Board shall submit any proposed amendment
to the Township Planning Commission for review and recommendation.
At least 30 days prior to the hearing on the proposed amendment, the
Board shall submit any proposed amendment to the Chester County Planning
Commission for review and recommendation. The Board shall take no
action to approve or deny any proposed amendment until it has received
a report on the proposed amendment from the County Planning Commission,
or until 30 days have been allowed for the receipt of such a report.
2. Notice of the date, time, and place of the public hearing on the
proposed amendment, and the content of such notice, shall be in accordance
with § 506 of the Municipalities Planning Code, 53 P.S.
§ 10506.
3. In the event substantial amendments are made in the proposed ordinance
or amendment, before voting on enactment, the Board, at least 10 days
prior to enactment, shall readvertise a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
4. Within 30 days following adoption, the Township shall forward a certified
copy of any amendment to this chapter to the Chester County Planning
Commission.
5. Amendments may be incorporated in this chapter by reference with
the same force and effect as if duly recorded herein.