[Ord. 10/13/1971, § 810; as amended by Ord. 12/15/1987; and by Ord. 2/9/2006]
1. The provisions of this chapter are the minimum standards for the
protection of the public welfare. The Township reserves the right
to modify or extend them as may be necessary in the public interest.
2. If any mandatory provision of this chapter is shown by the applicant
to be unreasonable and cause unique and undue hardship as they apply
to his proposed subdivision or land development, the Board of Supervisors
may grant a waiver, in writing, to such applicant from such mandatory
provisions so that substantial justice may be done and the public
interest secured, provided that such variation will not have the effect
of nullifying the intent and purpose of this chapter. A waiver shall
only be granted by a majority of the Board of Supervisors present
at a duly advertised regular or special public meeting.
3. In granting waivers and modifications, the Board of Supervisors may
impose such conditions as will, in its judgment, substantially secure
the objectives of the standards or requirements so varied or modified.
[Ord. 10/13/1971; as added by Ord. 12/12/1991A, § 23]
1. Innovative design of subdivisions or land developments which serves
the purposes of this chapter and the Township Comprehensive Plan and
is determined by the Board, upon the recommendation of the Planning
Commission, to be in the public interest is to be encouraged and may
be permitted.
2. Where the proposed innovative design is determined not to be generally
consistent with the Comprehensive Plan, one of the following conditions
must be found to exist in order for the Township to approve the innovative
design:
A. The Comprehensive Plan must be found to be not applicable in that
particular instance.
B. The Comprehensive Plan did not address the issues raised in the proposed
design and which, by virtue of new technology or contemporary design
practice, will result in an improved quality of development without
adverse effect upon the community or the environment.
[Ord. 10/13/1971; as added by Ord. 12/12/1991A, § 24]
Where disputes arise in regard to this chapter, the Township
may offer to participate in a professionally conducted nonbinding
mediation process pursuant to the Act.
[Ord. 10/13/1971; as added by Ord. 12/12/1991A, § 25]
When the developer refuses to accept the conditions of approval
within 30 days of notification of such conditions of approval, the
approval shall automatically become null and void.