[Ord. 1290, 9/10/2012, § 22-901]
1.
The Borough Council 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 Borough Council 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. 1290, 9/10/2012, § 22-902]
In granting modifications the Borough Council, with the advice
of the Borough 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. 1290, 9/10/2012, § 22-903]
1.
Applications for development and requests for waiver of land development
are subject to the Bristol Borough fee schedule as modified from time
to time by resolution of the Borough Council to be used for all Borough
expenditures related to the application including but not limited
to, legal costs, and engineering.
2.
By resolution, Borough Council shall adopt and periodically amend
a schedule of fees, payable by the applicant to Bristol Borough for
the filing of applications for development and requests for waiver
of land development.
3.
Borough Council shall adopt and amend by resolution a schedule of
escrow deposits to be paid by the applicant to Bristol Borough at
the time of filing of an application, sufficient to pay all Bristol
Borough expenditures anticipated in the course of its review and disposition
of plans.
4.
The applicant shall be required to enter into a professional services
agreement with the Borough. The contract shall cover the authorization
of the Borough Engineer and Solicitor to review the application and
payment of fees and costs by the applicant. The terms of the contract
shall be substantially the same as the following:
A.
The applicant shall pay to the Borough reasonable engineering fees incurred by the Borough for the services of the Borough 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 Borough reasonable legal fees incurred by the Borough 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 Borough 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 Borough of the streets laid out on the subdivision.
B.
The engineering and legal fees required to be paid by this chapter
shall be promptly paid to the Borough by the applicant upon the submission
of bills thereof to the applicant by the Borough, from time to time,
as such fees are billed to the Borough or the Water and Sewer Authority
by its or their engineers or attorneys.
C.
To the engineering and legal fees required to be paid to the Borough
by this chapter, there shall be added the sum of 10% which the applicant
shall pay to the Borough as reimbursement to the Borough of the costs
incurred by the Borough for the administration of this chapter, collection
of such fees, and the disbursement of the same to the Borough Engineer
and the Borough Solicitor.
D.
The applicant is required to maintain the original escrow deposit
in the amount as indicated in the fee schedule. The Borough shall
require the applicant to post additional escrow in the event payments
from such escrow reduce the amount below 20% of the original escrow
deposit. The additional escrow amount shall be paid within 10 days
of the request by the Borough. The applicant shall agree at the time
of the submission of the plans to the terms of this provision including
the understanding that the further review and approval of plans may
be withheld pending the reimbursement of such escrow deposit to the
Borough. The applicant shall further agree that any such delays shall
constitute an extension of time for the rendering of a decision by
the Borough Council.
E.
If the escrow deposit is expended, the applicant shall make further
deposits upon notice from the Borough Planning and Zoning Department
in such a manner that the total deposit with the Borough shall at
all times equal the initial amount as determined by the Borough Planning
and Zoning Department until approval of the plans and final acceptance
of construction by Bristol Borough.
F.
Occupancy permits shall be withheld until all fees and costs have
been paid to the Borough in connection with the processing of any
plans.
G.
Review Fees.
(1)
Review fees shall include the reasonable and necessary charges
by the Borough's professional consultants or engineer for review and
report to the Borough, and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Borough 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 Borough when fees
are not reimbursed or otherwise imposed on applicants.
(2)
Bristol Borough costs expenditures subject to escrow include,
but are not limited to, the following:
(a)
Engineering and other technical services such as plan review
and construction inspections.
(b)
Materials and facilities tests.
(c)
Services of the Bristol Borough Solicitor in reviewing and/or
preparing documents related to the plan reviews.
(d)
Such other fees and expenditures as are authorized by Pennsylvania
law.
(3)
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 Borough that such fees are disputed, in which case the Borough
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
(4)
In the event that the Borough 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 Borough 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
Borough and the applicant or developer.
[Ord. 1290, 9/10/2012, § 22-904]
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 Borough Engineer who shall inspect the work, materials, construction,
and installation to assure that the same are in accordance with Borough
requirements.
2.
The Borough Engineer shall be authorized to have such tests of materials
made as are provided in the Bristol Borough specifications and design
standards in order to have proper control of materials. The owner
shall pay to the Borough the cost of such tests plus 3% to reimburse
the Borough for the collection of such fees and disbursement of same
to the Borough Engineer.
[Ord. 1290, 9/10/2012, § 22-905]
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 Borough 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 Borough Planning and Zoning Department
which shall relieve Bristol Borough, 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.
