A. 
Granting of hardship; proof.
(1) 
The Board of Commissioners 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) 
Proof of undue hardship must be presented to the township by the subdivider/land developer. It shall not be considered sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created and must be suffered directly by the property in question.
B. 
Procedure for modification.
(1) 
All requests for a modification shall be submitted to the Zoning Official 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(s) of this chapter involved and the minimum modification necessary to abate the hardship.
(2) 
The Township Planning Commission shall review the applicant's request and submit a report to the Board of Commissioners.
(3) 
The Board of Commissioners shall review and approve or disapprove the request and keep a written record of all action on the matter.
(4) 
A written summary of any exception shall be appended to the record plan.
[Added 10-13-2022 by Ord. No. 2197[1]]
A. 
The applicant shall prepare and submit to the Township a preliminary/final plan, the application form, and a letter requesting a waiver from the land development plan approval process. The requirements of the preliminary/final plan found in this article must be met unless specific waivers are requested and granted by the Board of Commissioners.
B. 
Applicant shall submit the appropriate fee for review of a land development plan, copies of the preliminary/final plan in accordance with § 149-14B, application, and a letter to the Township, and request that a review be scheduled with the Township Planning Commission. If, upon review by the Township, the land development waiver request is acceptable, that portion of the fee submitted by the applicant that is required for review of a land development plan shall be refunded to the applicant.
C. 
The Township Zoning Official shall review the submission for completeness, and if the submission is incomplete, shall return the submission to the applicant within seven working days and indicate the deficiencies. If the submission is complete, the Township Zoning Official shall accept the preliminary/final plan, application, request letter, and fees.
D. 
The Township Zoning Official shall, upon acceptance of a complete submission, immediately distribute copies of the preliminary/final plan, application, and request letter, with a request to review, in accordance with § 146-14D.
E. 
The Township Engineer shall, within 30 days following the receipt of the plan from the Township:
(1) 
Review the applicant's submission for compliance with all applicable requirements of the Zoning Ordinance, this chapter, the Municipal Comprehensive Plan, and all other ordinances and regulations.
(2) 
Review the engineering considerations in the applicant's submission.
(3) 
Prepare a report for the Planning Commission and Board of Commissioners, including a recommendation for the granting or denial of the waiver from the land development plan approval process.
F. 
Action of Planning Commission.
(1) 
Within 60 days following the receipt of a complete preliminary/final plan submission, the Planning Commission shall, at a public meeting:
(a) 
Review the applicant's submission.
(b) 
Review all reports and recommendations received.
(c) 
Evaluate the plan, reports, and any discussion of the plan.
(d) 
Determine whether the preliminary/final plan meets the objectives and requirements of this chapter, the Municipal Comprehensive Plan, and other ordinances.
(e) 
Recommend revisions, if necessary, so that the plan will conform to Township regulations.
(f) 
Recommend granting or denying the waiver from the land development plan approval process.
(2) 
The requirements of § 146-14F pertaining to notice shall be applicable.
G. 
Actions by the Board of Commissioners.
(1) 
Following the receipt of the Township Planning Commission's recommendation, the Board of Commissioners shall, at a public meeting:
(a) 
Receive and review the applicant's submission.
(b) 
Receive and review the reports of the Township Engineer, Township Fire Marshal, Township Traffic Engineer, any other reports submitted, and the recommendation of the Township Planning Commission.
(c) 
Evaluate the applicant's submission, the Township Engineer's report, the Planning Commission's recommendation, and any other appropriate reports.
(d) 
Determine whether the preliminary/final plan meets the objectives and requirements of this chapter, the Zoning Ordinance, the Municipal Comprehensive Plan, and other ordinances.
(e) 
Adopt a resolution approving or rejecting the request for a waiver from the land development plan approval process. If the waiver request is approved, the Board shall express its approval and state the conditions of approval, if any. If the request is not approved, the Board shall state the reasons for disapproval.
(f) 
The decision of the Board of Commissioners and any conditions imposed by the Board shall be in writing and shall be communicated to the applicant or the applicant's agent personally or be mailed to him at the last known address not later than 15 days following the decision or within such time limits as may be required by the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(g) 
Approval of the waiver request shall be rescinded automatically upon the applicant's or applicant's agent's failure to accept, in writing, all conditions imposed by the Board of Commissioners within seven days of receipt of the written decision.
H. 
If approved:
(1) 
Applicant shall submit one copy of the final plan to the Township Engineer, who shall issue a letter specifying the number and format of plans required for signatures and recording. Prior to submission of the plans for Township signatures and recording, applicant shall have the record plan signed by the property owner.
(2) 
After all other signatures, as required by this chapter, are on the preliminary/final plan, the Board of Commissioners shall sign the preliminary/final plan.
(3) 
The property owner and, if different, the applicant, shall record the plan in the office of the Recorder of Deeds of Montgomery County, as provided under this chapter. A copy of the recorded plan shall be provided to the Township and the Township Engineer.
I. 
Approval of the request for a waiver from the land development plan approval process shall constitute approval of the project and, following the completion of the recording procedure, the authorization for the construction of the site improvements and buildings. A developer's agreement will not be required; however, building permits will be required and the applicant shall be required to post appropriate escrow with the Township to cover the cost of inspections.
J. 
Criteria for the waiver from the land development plan approval process. In order to qualify for a waiver from the land development plan approval process, the applicant shall meet the following criteria:
(1) 
The application is for a primary disturbance of less than 10,000 square feet or construction of a primary building of less than 10,000 square feet;
(2) 
The application is for a minor building addition or an accessory building that is not more than 20% of the existing principal building;
(3) 
The application is for a minor building addition or an accessory building that is not more than 10,000 square feet in size; and
(4) 
All applicable zoning requirements, including building setbacks and building and impervious surface coverages, must be met.
K. 
A waiver from the land development plan approval process shall not be granted if there is a significant impact upon neighboring properties, stormwater management control requirements, traffic, or the public health, safety, and welfare.
L. 
A proposed development receiving a waiver of land development in accordance with the provisions of this section shall still be required to obtain building, grading, and all other applicable permits required under the Township's Code of Ordinances.
[1]
Editor's Note: This ordinance also renumbered former §§ 146-51 through 146-55 as §§ 146-52 through 146-56, respectively.
Any person desiring to challenge a decision of the Board of Commissioners regarding the application of this chapter or any subsequent amendment hereto or any decision of any township official pursuant to this chapter shall proceed in accordance with the Municipalities Planning Code, 53 P.S. § 10101 et seq.
It is hereby declared to be the legislative intent that:
A. 
If a court of competent jurisdiction declares any provision of this chapter to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction declares any provision of this chapter to a lot, building or other structure or tract of land to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.
All codes and ordinances of the Township of Abington inconsistent herewith or with any portion thereof are hereby repealed to the extent of such inconsistency.
This chapter was approved and enacted by the Board of Commissioners this 13th day of June 1991.